KANCHAN CHAKRABORTY, J. - (1.) The challenge in this revisional application is to the order dated 01-02-2006 passed by the Ld. Additional Session Judge, Diamond Harbour, South 24 Parganas in connection with Criminal Motion Case No. 368/05 thereby upholding an order passed by the Ld. Judicial Magistrate, 2nd Court at Alipore in Misc. Case No. 486 of 2003.
(2.) The petitioner being the opposite party/husband in the Misc. Case under section 125 Cr. P. C has come up with this revisional application challenging the legality, validity and propriety of the order passed in Criminal Motion mentioned above on the following grounds:- (a) that the ld. court failed to take note of the fact that the opposite party No. 1 Tanuja Bibi left her matrimonial house on her own will on 25-09-2003 i. e., prior to filing of the application under section 125 Cr. P. C. by her ; (b) that a suit for restitution of conjugal right was filed by the petitioner/husband being Title Suit No. 169 of 2003 in the court of the Ld. Civil Judge(Junior Division) at Diamond Harbour ; (c) That a decree of restitution of conjugal right was passed by the Ld. Civil Judge(1st Court) Junior Division directing the opposite party Tanuja Bibi to reside in the house of the petitioner and lead conjugal life with him ; (d) That the ld. trial court disposed of the application under section 125 of the Code of Criminal Procedure ex parte on 22-07-2004 ; (e) That the present petitioner was directed to pay Rs. 1000/- in all for the maintenance of the opposite party and the minor daughter ; (f) That the application under section 126 of the Code of Criminal Procedure was taken out by the petitioner in order to vacate the ex parte order. The prayer was allowed on cost of Rs. 5000/-.
(3.) The petitioner/husband filed a criminal revision before the Ld. Sessions Court which was registered as Criminal Motion No. 368 of 2005 against the ex parte order dated 01-02-2006. The said motion was rejected.;