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2023 Supreme(Gau) 1203

MALASRI NANDI
Kanuram Bordoloi – Appellant
Versus
Budheswari Mahanta Bordoloi – Respondent


Advocates:
Advocate Appeared:
K.Singha, Advocate

JUDGMENT :

MALASRI NANDI, J.

Heard Mr K Singha, learned counsel for the petitioner. None has appeared for and on behalf of the respondent.

2. The petitioner has filed an application under Sec. 482 of the Code of Criminal Procedure, 1973, read with Article 227 of the Constitution of India, challenging the Judgment and Order dtd. 23/12/2020, passed in Criminal Revision No. 29/2019, by the learned Sessions Judge, Morigaon, affirming the Judgment and Order dtd. 10/10/2019, passed by the learned CJM, Morigaon, in MR Case No. 6/2017, under Sec. 125 CrPC.

3. The facts in brief leading to filing of the criminal petition is that the respondent filed a petition under Sec. 125 CrPC before the learned CJM, Morigaon, claiming that she is the legally married wife of the petitioner and claimed monthly maintenance of Rs.10, 000.00 from the petitioner. According to her, her marriage with the petitioner was held about 30 years back as per Hindu rites and customs. Since then, the respondent is residing in the house of the petitioner as his wife. Out of their wedlock, a male child was born, Mukuta Bordoloi by name, who is now major.

4. It is also alleged that after birth of their child, the petitioner deve

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