- (1.) THE present petitioner filed an application before the learned Chief judicial Magistrate of Birbhum at Suri alleging that there was solemnization of marriage according to Hindu rites with the opposite party on 3rd Magh, 1400 B. S. and she lived with the opposite party as his wife and two children were born of the wedlock. After birth of the two children she same to be subjected to ill treatment and torture on demand of money and was driven out on 1st Magh, 1407 B. S. She prayed for maintenance for herself and her two children.
(2.) THE opposite party in the written objection denied having married the petitioner and contended that the petitioner was a maid servant in his house in the year 1999 and she took a loan of Rs. 1200/- from his mother and when repayment of the loan was asked for trouble developed. He was threatened with consequences unless payment of Rs. 20,000/- was made. On 20. 2. 2001 his house was surrounded by the petitioner and her men for which a criminal case was filed. The children were not of him.
(3.) THE learned Magistrate held that marriage was solemnized and granted maintenance at Rs. 1200/- for the petitioner and Rs. 800/- each for each of the two children. This order dated 29th September, 2007 was challenged in Criminal Revision and the learned Additional Sessions judge, 1st Court, Birbhum by judgment and order dated 30th June, 2008 negatived the alleged factum of marriage and refused maintenance for the petitioner but affirmed maintenance for each of the two children.;