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2023 Supreme(Cal) 72

SHAMPA DUTT PAUL
Sk. Sirajuddin – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Busera Khatun, Advocate, Joydeep Roy, Advocate, Sujata Das, Advocate, Apurba Kumar Dutta, Advocate

JUDGMENT

Shampa Dutt (Paul), J. - The present revision has been preferred against an order dated 21.12.2018 passed by the Court of the learned Judicial Magistrate, 6th Court, Burdwan in connection with Misc. Case No. 415 of 2016 (Firdoushi Begam vs. Sk. Sirajuddin) rejecting the petitioner/husband's petition challenging the maintainability of the proceedings under Section 125 Cr.P.C. on the ground that the opposite party no. 2/wife being a resident of Kolkata cannot file an application out side the jurisdiction of Kolkata. The application herein has been filed before the Burdwan Court.

2. The petitioner's case is that he was married to the opposite party no. 2 herein. The said marriage took place on 03.12.2010 according to Muslim rites and customs. The said marriage took place at Village-Uttar Kumrakhali, P.S.-Sonarpur, District-Sourth 24 Parganas and duly registered in the office of the Muslim Marriage Registrar (MMR) of Village-Uttar Kumrakhali, P.S. - Sonarpur, District - Sourth 24 Parganas. In column no. 4 of the said marriage certificate, duly issued by the said marriage registrar, address of the opposite party no. 2, was recorded as Village-Badamtala, Brahmapur, P.O. - Brahmapu

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