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1996 Supreme(Cal) 47

SURYA KUMAR TIWARI
KUMAR SANKAR CHAKRABORTY – Appellant
Versus
JUTHIKA CHAKRABORTY – Respondent


Advocates Appeared:
BIPLAB MITRA, SUBIR BANERJI, TAPAS ACHARYA

SURYA KUMAR TIWARI, J.

( 1 ) THIS petition has been filed against the order passed by 6th Judicial Magistrate. Alipore in Misc. Case No. 518 of 1988.

( 2 ) THE opposite party is the wife of the petitioner. Their marriage was solemnised in the year 1982 and a daughter Sudeshna was born out of this wedlock. The opposite party alleged that the petitioner ill-treated her and neglected to maintain her ever-since 1984. The petitioner is posted at Rourkella and the climate of Rourkella does not suit the opposite party. She, therefore claims maintenance.

( 3 ) THE petitioner denied that he neglected and ill-treated the opposite party. He has stated that the petitioner has left her matrimonial home on her own without any rhyme or reason.

( 4 ) THE learned Magistrate found that the petitioner had failed to maintain his wife. Therefore he awarded Rs. 400/- to the opposite party by way of maintenance. Hence this revisional petition.

( 5 ) THE opposite party has stated in her statement that she became sick in Rourkella and came down to Calcutta for treatment but the petitioner did not come to take her back to Rourkella nor made any arrangements for her treatment. The opposite party has sta





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