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2002 Supreme(Cal) 688

MALAY KUMAR BASU
GITA DAS, SANGITA DAS – Appellant
Versus
TAPAS DAS – Respondent


Advocates Appeared:
A.GOSWAMY, G.Srivastava, S.S.Dawn

MALAY KUMAR BASU, J.

( 1 ) THIS revisional application is directed against the judgment and order dated 12. 2. 2002 passed by the learned S. D. J. M. Serampore in Misc. Case No. 297/99 (T. R. 52/2000) under section 125 Cr. P. C. The petitioner sm. Gita Das filed a petition under section 125 Cr. P. C. before the Court below on the allegations as follows. She was the married wife of the O. P. Sri Tapas kr. Das who married her according to Hindu Rites on 11th July, 1995 and since after the marriage the petitioner went on living with the O. P. as husband-wife and out of that wedlock one male child was born. But the O. P. was a cruel man and he started torturing to the petitioner both physically and mentally and also by stopping supply of food to her and compelling her to beg. Ultimately on 23rd June, 1999 she was driven out from her matrimonial home along with her baby by the O. P. and at that time her wearing apparels also were snatched away. Moreover, she was compelled by the O. P. to write a chit and wrote on it that she was leaving this house as there was no other alternative left to her for saving her and her child's life. After being so driven out she took shelter in a neighbour







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