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2004 Supreme(Cal) 304

ARUNABHA BARUA
ABDUR RAFIQUE – Appellant
Versus
SAKILA BIBI – Respondent


Advocates Appeared:
Dilip Maity, IQBAL HUSSAIN

ARUNABHA BARUA, J.

( 1 ) THIS revisional application under sections 401 and 482 of the Code of Criminal Procedure arises out of an order passed by the learned Sub-Divisional Magistrate, Basirhat, on the 20th July, 1994 whereby the learned Magistrate issued search warrant for producing the minor children in Court in Case No. M. P. 762a of 1992.

( 2 ) THE matter is short and simple. The petitioner in the instant revision is the husband and the opposite party is his wife. Way back on 20. 10. 91, their otherwise peaceful marriage showed signs of cracks when pursuant to a quarrel between husband and wife, the wife, that is, Sakila Bibi, the opposite party here, left her husband's house, that is the house of the petitioner here, along with her brother, in the absence of husband. Allegedly, she also took away at that time all the ornaments given to her by her husband together with Rs. 1,000/- in cash and her garments. Her two minor children were left at her husband's house. According to the petitioner-husband in spite of repeated requests including registered letters by the husband, the wife did not come back to her husband's house. Next year, that is in 1992, the said wife filed a peti











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