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2023 Supreme(Cal) 199

SHAMPA DUTT (PAUL)
Siddhartha Dechowdhury – Appellant
Versus
Debashree Dey Chowdhury (Saha) – Respondent


Advocates appeared:
For the Petitioner:Anjan Ray, Subhajit Choudhury, Advocates.
For the Opposite Parties:Danish Taslim, A.K. Bhattacharrya, Advocates.

JUDGMENT

The present revision has been preferred against the judgment and order dated October 12, 2018 passed by the Learned Additional Session Judge, 2nd Fast Track Court, Berhampore, District– Murshidabad in connection with Criminal Revision Case No. 277 of 2016, arising out of M.R. Case No. 76 of 2011, passed by the Learned Judicial Magistrate, 1st Court, Berhampore, District-Murshidabad, and judgment and order dated May 26, 2016 passed by the Learned Judicial Magistrate, 1st Court, Berhampore, District- Murshidabad, in M.R. Case No. 76 of 2011, under Section 125 of the Code of Criminal Procedure, 1973.

The petitioner’s/husband’s case is that he got married with the Opposite Party No.1 on 03.03.2006 as per Special Marriage Act and also on the same date their social marriage was solemnized socially.

After four year of their marriage the Opposite Party No.1 had filed an application under Section 125 of the Code of Criminal Procedure, 1973 before the Learned Chief Judicial Magistrate, Murshidabad and the same was registered as M.R. Case No.76 of 2011 and in the said application it was alleged that:-

    “She was subject to mental and physical torture by her husband and mother

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