SATISH CHANDRA SEN GUPTA Vs. CHARU BALA SEN GUPTA

JUDGEMENT

(1.) THIS is a revision petition .filed against the order passed by Sri K. P. Dutta, first class Magistrate, on 26 -11 -59 in Misc. Case Nos. 53 of 1959. Under Section 488 Criminal Procedures Code, granting to the respondent a maintenance of Rs. 15/ - per month for herself and Rs, 10 -per month for her daughter. The petitioner filed a. revision before the Sessions Judge. But the said revision was dismissed and hence he has now come up to this Court.

(2.) THE finding of the magistrate was that the respondent was the legally wedded wife Of the petitioner and that the daughter was born out of ' is marriage between the petitioner and the respondent. The petitioner did not deny the paternity of the daughter, though he denied the marriage and hence that portion of the Magistrate' order granting maintenance to the daughter cannot be interfered with, as Section 488 Criminal Procedure Code provides for the grant of maintenance to a child whether legitimate or illegitimate.

(3.) IT was argued in revision that the respondent is not the wife of the petitioner, that she was only his concubine, that even according to the evidence given by the respondent's witnesses, the marriage was alleged to have been celebrated in Gandharva form by exchange of garlands, that under Hindu law, such a marriage will not be a valid and legal marriage, which will make the respondent the wife of the petitioner and that therefore the respondent was not entitled to any maintenance Under Section 488 Criminal Procedure Code.