Advocates:
['Mr S S Datta', '', 'Mr C S SINHA', 'Mr N CHOWDHURY', '', 'JITENDRA CHANDRA SARKAR', 'Mr SAMRAT KAR BHOWMIK', 'ANIRBAN BHATTACHARJEE', 'JYOTISHMAY DAS']

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Crl. Rev. P. 28 of 2021

HIGH COURT OF TRIPURA

AGARTALA

Crl. Rev. P. No. 28 of 2021

Smt. Suparna Saha (Bardhan),

Wife of Sri Subhendu Bardhan, resident of A.D. Nagar Road No.15, P.S.

A.D. Nagar, District West Tripura, presently residing at C/O Monoranjan

Debnath, Durjoynagar near Holy Cross School, P.O Durjoynagar, District

West Tripura

-----Petitioner(s)

Versus

Sri Subhendu Bardhan,

Son of Lt. Bimalendu Bardhan, resident of Jail Ashram Road, P.S. East

Agartala, District West Tripura

----- Respondent(s)

For Petitioner(s)

:

Mr. C.S. Sinha, Adv.

For Respondent(s)

: Mr. S. Kar Bhowmik, Sr. Adv.

Mr. A. Bhattacharjee, Adv.

Mr. J. Das, Adv.

Date of Hearing

: 9^th February, 2022.

Date of Pronouncement

:

23^rd May, 2022.

Whether fit for reporting

: NO

B_E_F_O_R_E_

HON’BLE MR. JUSTICE S.G. CHATTOPADHYAY

JUDGMENT & ORDER

Petitioner Smt. Suparna Saha (Bardhan) has, hereby,

challenged the judgment and order dated 26.02.2021 passed by the

Additional Judge, Family Court, Agartala, West Tripura in a proceeding

under section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C

hereunder) denying maintenance allowance to the petitioner on the

ground that she was not the legally married wife of the respondent

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Crl. Rev. P. 28 of 2021

since she married him during the subsistence of her past marriage with

one Dulal Chandra Saha.

[2]

The facts relevant for disposal of this criminal revision

petition may be stated as under:

Petitioner Suparna Saha (Bardhan) married Dulal Chandra

Saha in the year 1996 in accordance with the Hindu rites and customs.

A daughter and a son were born to them within their wedlock. Said

Dulal Chandra Saha, husband of the petitioner left home on 12.07.2012

deserting his petitioner wife and children. He did not even let his wife

and children know about his whereabouts. At that time, petitioner met

respondent Subhendu Bardhan who assured help to the petitioner to get

rid of her crises. Having reposed faith in the assurance of the

respondent, petitioner Suparna Saha (Bardhan) agreed to marry him.

Accordingly, they got married on 12.11.2014 which was registered on

01.12.2014. After marriage they started living together in conjugal

relationship. After the said marriage of the petitioner with the

respondent, her former husband Dulal Chandra Saha appeared. But

they were separated by a decree of divorce granted by the Family Court

on 28.05.2016 in T.S. (Divorce) 11 of 2015. Two years thereafter, elder

daughter of the petitioner committed suicide. The respondent then

deserted the petitioner. When the petitioner contacted him over

telephone, he told her that he would not come back to her but he

assured to provide her monthly maintenance @Rs.10,000/-. Having

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Crl. Rev. P. 28 of 2021

received no amount of maintenance allowance from the respondent,

petitioner approached the Family Court by filing a petition under section

125 Cr.P.C.

[3]

The respondent having received notice from the Family

Court appeared and filed written objection denying the claim of the

petitioner. He claimed that there was no marriage between them and

the certificate of registration of marriage [Exbt.2] produced by the

petitioner was a forged document. The respondent also claimed that

petitioner was actually the legally married wife of Dulal Chandra Saha

until their marriage was dissolved by a decree of divorce dated

28.05.2016. The respondent asserted that he actually married Smt.

Ratna Bardhan Dey on 07.07.1995 and he had been living with said

Ratna Bardhan Dey since the date of their marriage and his son named

Sraddhendu Bardhan was born to them within their wedlock. According

to him, the respondent lodged a false petition under section 125 Cr.P.C.

with a view to gra