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2024 Supreme(Cal) 762

BIBHAS RANJAN DE
Soumitra Mukherjee – Appellant
Versus
Rubi Mukherjee – Respondent


Advocates Appeared:
For the Petitioner: Mrs. Arundhati Banerjee, Mr. Kaustav Banerjee, Ms. Riya Kundu.
For the Opposite Party : Mr. Subir Ganguly, Mr. Sumanta Ganguly.

JUDGMENT :

Bibhas Ranjan De, J.

1. The present criminal revision application has been preferred by the petitioner challenging impugned order dated 06.02.2023 passed by learned Judicial Magistrate (for short J.M), 2nd Court, Rampurhat, Birbhum in connection with Misc. Case no. 351 of 2021 thereby partly allowing the interim prayer of maintenance filed by the opposite party (for short O.P) herein under Section 125 of the Code of Criminal Procedure (for short CrPC).

Brief facts:-

2. The petitioner namely Soumitra Mukherjee married the opposite party herein Rubi Mukherjee on 05.05.2011 as per Hindu Rites and Customs. Thereafter, the petitioner and the O.P led conjugal life and out of such wedlock they have one daughter aged about 9 years. It is alleged by the O.P herein that she had been driven out of her matrimonial house on 24.02.2021 due to the non-fulfillment of demand of further dowry worth of Rs.5,00,000/- and since then she has been residing in her paternal house. As a sequel of this action, she lodged a criminal case against her husband and in-laws. It is contended by the O.P herein that the petitioner is an able bodied person and has many landed properties including a pakka house.

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