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2023 Supreme(Cal) 361

SHAMPA DUTT (PAUL)
Bapi Das – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Souri Ghosal.
For the Opposite Party : Mr. Koustav Bagchi, Mr. D. Ghosh, Ms. P. Kar.

JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present revision has been preferred against an order dated 15/11/2018 passed in Miscellaneous Case No. 1116 of 2017 pending before the Learned Judicial Magistrate, 3rd Court, Barrackpore, North 24 Parganas granting interim maintenance.

2. The petitioner’s case is that the marriage between the petitioner and the Opposite Party No. 2 was solemnised as per Hindu rites and customs on 01.07.2014.

3. The present petitioner is employed with the Indian Army and was posted at Hissar Cantonment, Haryana at the time of his marriage.

4. After marriage, and after a brief stay at Saptapally, Deshbandhu Road, Habra, North 24 Parganas, the petitioner along with the Opposite Party No. 2, shifted to the Service Quarter of the petitioner at Hissar Cantonment, Haryana, where they started living as husband and wife.

5. On 25.03.2015 the petitioner took his wife, the Opposite Party No. 2, to her parent’s house, where the Opposite Party No. 2 and her parents requested the petitioner to leave his wife for few days and accordingly the petitioner, on good faith, left his wife at her parental house.

6. On 28.03.2015, the petitioner personally went to the parental

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