Sudhangsu Sekhar Ganguly, J. - (1.) This rule is directed against an order dated September, 14, 1984 passed by Shri A.K. Bhunia, S.D.J.M., Arambagh in Misc. Case No. 15 of 1977 allowing an application of the Opposite Party-wife under Section 125 of the Cr. P.C. and granting maintenance at the rate of Rs. 100/- per month to the opposite party and Rs. 751- per month for her daughter.
(2.) The following appear from the papers on record : The opposite party was previously married to another person and this marriage ended in a divorce sometime at or about the end of May, 1974. The present petitioner married the opposite party on 12th Kartick, 1381 B.S. (-30/10/74). The opposite party was drove away from the petitioner's house at or about 1st Bhadra, 1383 B.S. (-18/8/76) she was divorced by the petitioner on 20th Chaitra, 1383 B S. (-3/4/77). The opposite party filed petition under Section 125 Cr. P.C. for maintenance on 28th Chaitra, 1383 B.S. (-11/4/ 7). Those facts have been established by evidence oral or documentary and they may be relied upon since the present petitioner had make no effort to controversy them by examining her or her witness or by proving any document in her favour.
(3.) It appears that after her 2nd marriage the opposite party gave birth to a female child. The date of birth of this child is disputed. According to the present petitioner this child born in Baisakh, 1382 B.S. (April May, 1975) which according to him clearly shows that the opposite party was impregnated before her 2nd marriage. The opposite party has not given in her petition or in her deposition any definite date of birth of this child. According to her this child was aged 5 years and 10 months on the date she was examined before the learned Magistrate i.e. 22/5/81. From that it appears that this child was born sometime in July, 1975. If her version is accepted, it may be held that this child was born out of the 2nd marriage of the opposite party.;