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Saurav Sarkar @ Pappu vs Priyanka Sarkar on 2 March, 2020

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46 02.03.2020
S.De
Ct. no. 32
C.R.R. 652 of 2020

Saurav Sarkar @ Pappu.

Vs
Priyanka Sarkar.

Ms. Mousumi Bhowal
Mr. Soumyadeep Mukherjee
Ms. Taniya Sarkar …for the petitioner

Learned counsel appearing on behalf of the petitioner submits that

in a proceeding under Sections 313,406,498A and 34 of Indian Penal Code the

petitioner/husband was acquitted. It was held by the learned Trial Judge that

the present opposite party could not prove the marriage between the two.

According to her, this order was not even challenged before the learned appellate

Court. Relying on the decision of the Hon’ble Apex Court in Samir Mandal Vs.

State of Bihar Another reported in (2001) 10 Supreme Court Cases 50, it is

submitted that since the opposite party could not prove the existence of marriage

between the two, she was not entitled to any maintenance allowance under

Section 125 of the Code of Criminal Procedure. Accordingly, the learned Trial

Court erred in dismissing the petitioner’s application praying for dismissal of the

proceedings under Section 125 of the Code of Criminal Procedure.

The petitioner is directed to serve copy of this application and a notice

intimating about the next date of hearing upon the opposite party by Speed Post

with acknowledgement due within a week and file affidavit-of-service to that

effect on the next date of hearing.

Let this matter appear two weeks hence under the heading “contested

application”.

Urgent certified photostat copy of this judgement, if applied for, be given

to the parties as expeditiously as possible on compliance of all necessary

formalities.

(Jay Sengupta, J.)
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