Joymalya Bagchi, J. - (1.) ORDER dated March 4, 2015 passed by the learned Additional Sessions Judge, First Court, Hooghly in Criminal Motion No. 28 of 2013 setting aside the order dated December 24, 2012 passed in M.C. Case No. 4 of 2007 passed by the learned Judicial Magistrate, Second Court, Hooghly Sadar and remanding the matter for fresh consideration upon production of additional evidence, has been assailed by the husband -petitioner.
(2.) THE proceeding under Section 125 of the Code of Criminal Procedure was filed by the opposite party claiming herself to be married to the petitioner wherein she prayed for maintenance allowance at the rate of Rs. 3,000/ - per month for herself and Rs. 2,000/ - per month for the minor child. According to her, the marriage was solemnized under Hindu rites and customs on May 12, 2001 and a dead child was born to the couple on October 16, 2002. On March 3, 2005, another male child was born but the same died. She became seriously ill and was admitted to Kalyani at Jaharlal Nehru Hospital. After she was discharged from the hospital, she came to her parental home and thereafter the petitioner did not take care of her. It is further alleged that the opposite party had been earlier married to the brother of the petitioner and upon his death, was married to the petitioner. The opposite party further claimed that the petitioner is an employee of Indian Railway and earns a salary of around Rs. 8,000/ -.
(3.) THE petitioner contested the matter by filing written -objection and denied that he was married to the opposite party. He further admitted that he took over the responsibility of the opposite party along with her minor son who was born from the earlier marriage on humanitarian consideration. He has been married to one Lalita Sharma.;