DIBYENDU BHUSAN DUTTA, J.

( 1 ) THE instant application under Section 482 of the Criminal Procedure Code is directed against the order dated 30. 11. 96 passed by the learned Judicial Magistrate, Seventh Court, Uluberia in Misc. Case No. 42 of 1995.

( 2 ) THE said case arose out of an application filed by the opposite party No. 1, Anita Ghosh under Section 125, Cr. P. C. The petitioner is her husband. Their marriage was solemnised according to Hindu rites and customs on 18. 2. 92. After the marriage, they lived together in the matrimonial home for some time. The opposite party No. 2 being infertile was undergoing medical treatment. There was no issue born out of their marriage. The opposite party No. 2 abandoned her matrimonial home on 30. 10. 94. The petitioner filed a matrimonial suit for divorce against the opposite party No. 2, being Mat. Suit No. 321 of 1994 in Second Court of Additional District Judge, Hooghly. The opposite party No. 2 lodged a complaint on 25. 1. 95 in Chandernagore Court alleging matrimonial cruelty against the petitioner. The opposite party No. 2 filed an application under Section 125 of the Criminal Procedure Code praying for maintenance allowance agains

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