Toufique Uddin, J. - (1.) HEARD the learned counsel for the parties. The background of this Misc. case is that the petitioner is married to O. P. No. 1 on 22.6.97 according to Islamic rights and customs. Out of wedlock, a female child named Musfique Salehin Shruti and a male child named Md. Salehin Shravan were born on 20th July, 1997 and 2nd November, 2002 respectively.
(2.) THE O.P. No. 1 filed an application under Section 125 of the Code of Criminal Procedure against the petitioner in the court of learned C.J.M., Bankura being Misc. Case No. 9 of 2009. The said case was subsequently transferred to the 6th court of learned J.M., Bankura and renumbered as Misc. Case No. 27 of 2009 (hereinafter referred to as the said application in short). It was contended in the petition that after some days on the demand of dowry, the petitioner and her in -laws tortured O.P. No. 1 both physically and mentally though the father of the O.P. No. 1 met almost all the demands made by the petitioner. Further, it was alleged by the O.P. No. 1 that the petitioner and her in -laws tortured her on 9th June, 2008 and drove away her and her two children from matrimonial home and since then the petitioner was neglecting to maintain O.P. No. 1. The petitioner is working as Panchayat Development Officer and he earns Rs. 16000/ - p.m.
(3.) THE petitioner contested that case by denying all material allegations and taking specific plea that O.P. No. 1 not only left the matrimonial home on her own accord, but also took two children alongwith her without any consent of the petitioner. As such the petitioner was compelled to file application under Section 7, 10 and 25 of the Guardians & Wards Act before the learned District & Sessions Judge, Murshidabad being Guardianship case No. 35 of 2008 for custody of the children and that case is pending.;