SUBAL SWARNAKAR Vs. MALATI SWARNAKAR
LAWS(CAL)-1996-2-10
HIGH COURT OF CALCUTTA
Decided on February 23,1996

SUBAL SWARNAKAR Appellant
VERSUS
MALATI SWARNAKAR Respondents


Referred Judgements :-

SADHU VS. SARATHI BALA [REFERRED TO]
ASOKAN VS. STATE OF KERALA [REFERRED TO]


JUDGEMENT

R.Bhattacharyga, J. - (1.)This revisional application is directed against order dated 14.9.93 in criminal revision 38 of 1994 arising out of Misc. Case No. 64 of 1989. The motion arose out of an order passed by the learned Judicial Magistrate, Purulia in Misc. Case No. 64 of 1989 dated 20. 2. 93.
(2.)To resolve the dispute between the parties, the history of the litigation is briefly indicated :- Both the petitioner and the respondent were married quite a long past at the Chinnamasta Temple, where ritual ceremonies were performed in letter. No dark cloud hovered on the marital life on the two, but with the passage of time, the cloud was set in and the parties fell against each other. Ultimately, the petitioner had to endure the brutalities of the husband aided by the members of his family, which continued to survive until she was driven out by the husband from the marital home. The petitioner's attempt for reunion at the marital home was stalled by the inexorable attitude of the husband and the members of his family when she was constrained to file an application for relief under section 125 of the CRPC.
(3.)The claim has been disputed by Subal Sharnakar, the husband on the plea that the marriage between the petitioner and the respondent opposite party, as highlighted by the petitioner, is a myth. The story of demand of dowry as cultivated by the petitioner in her petition for relief is a ruse. He married one Pari Sharnakar quite a decade ago with whom, he is living under the same roof. The attempt of the petitioner is to filch money from the respondent opposite party under the garb of imaginary marriage. The income of his has been inflated to snatch an order from the court for maintenance.
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