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2000 Supreme(Cal) 560

DEBIPRASAD SENGUPTA
SK. SAFIQUE – Appellant
Versus
PAPIA BIBI – Respondent


Advocates Appeared:
GANESH SRIVASTAB, SOMNATH BANERJI, TAPASH KUMAR GHOSH

DEBI PRASAD SENGUPTA, J.

( 1 ) THIS revisional application is directed against an order dated 23. 2. 2000 passed by the learned Sessions Judge, Birbhum thereby dismissing the revisional application and affirming the order dated 12/7/1999 passed by the learned Judicial Magistrate, First Class, Dubrajpur, Birbhum in Misc. Case No. 146 of 1997 under Section 125, Cr. P. C.

( 2 ) IT appears that the present opposite party/wife filed an application before the learned Magistrate praying for maintenance for herself. The learned Judicial Magistrate after recording evidence and considering the facts and circumstances of the case directed the present petitioner/husband to pay an amount of Rs. 800/- p. m. from the date of filing of the case. It appears that the present petitioner being the husband contested the proceeding under Section 125, Cr. P. C. by filing written objection denying all material allegations levelled against him. In the written statement it was stated by him that he had already divorced the opposite party/wife on 6. 6. 1998 and since she is a divorced Muslim woman, she is not entitled to get any maintenance under the provision of Section 125, Cr. P. C. The learned Magistra





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