Moumita Mondal (Mahato) vs Shambhu Mahato And Another
2022 Latest Caselaw 7293 Cal

31.10.2022 Item No.21 Suman Ct.42

CRR 3125 of 2022

Moumita Mondal (Mahato) Vs.

Shambhu Mahato and Another

Mr. Harun-All- Rashid Mr. Azizul Islam ...for the petitioner

In a proceeding under Section 125 of the Code of

Criminal Procedure the wife/petitioner specifically

pleaded that she was driven out from her matrimonial

home by her husband after she gave birth to a disable

child. The learned Magistrate in the impugned

judgment did not consider the said issue. On the

contrary, the learned Magistrate held that the petitioner

voluntarily left her matrimonial home on the basis of the

evidence adduced by the petitioner to the effect that

she was willing to live together with her husband if her

husband wanted to stay away with her separately

leaving her parents.

The question that falls for adjudication in the

instant revision is as to whether in view of the above

evidence the allegation that the husband refused and

neglected to maintain the petitioner would evaporate

automatically.

The instant revision is admitted for hearing.

The petitioner is directed to serve notice upon the

opposite party under registered speed post with A/D

with one week and file affidavit of service within three

weeks from date.

The State of West Bengal be served through the

learned Public Prosecutor, High Court, Calcutta.

The instant revision is returnable after two weeks

hence.

(Bibek Chaudhuri, J.)