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2024 Supreme(Cal) 1185

SHAMPA DUTT (PAUL)
Md. Shariful Islam Malita @ Shariful Islam Malita @ Shariful Islam – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Golam Mostafa, Mr. Samirul Sardar.
For the Opposite Party : Mr. Arindam Jana, Mr. Mobidur Hossain, Mr. Arhan Sengupta, Mr. Partha Pratim Sinha.

JUDGMENT :

(Shampa Dutt (Paul), J.) :

1. The present revision has been preferred against the Judgment and Order dated 23.12.2019 passed by the Learned Additional Session Judge, 1st Court, Murshidabad at Berhampore, in Criminal Revision No. 175 of 2018 arising out of order dated 29.05.2018 passed by the Learned Chief Judicial Magistrate, Murshidabad at Berhampore in M.R. Case No. 51(4) of 2015 under Section 3 of the Muslim Women (Protection of Right on Divorce) Act, 1986.

2. The petitioner states that it was alleged by the opposite party No. 2 that:-

    The marriage was solemnized between the petitioner and the opposite party no.2 by Islamic rites and customs. In the course of marriage, gifts and Den Mahar were duly met by the guardian of the opposite party no.2. After marriage, both the petitioner and opposite party no. 2 started living as husband and wife and out of the said wedlock one male child namely Sahir Kharita born. Thereafter, the petitioner and his family members demanded further dowry from the opposite party no.2 and due to failure from her part to meet such demand, the opposite party became the subject matter of physical and mental torture and cruelty. As a consequences o

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