Calcutta High Court (Appellete Side)
Saddam Hossain vs State Of West Bengal on 29 July, 2013
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
Form No. J(1) In the High Court at Calcutta Criminal Revisional Jurisdiction Appellate Side. Present:
The Hon'ble Justice Ashim Kumar Roy CRR No. 2604 of 2013 Saddam Hossain
-vs-
State of West Bengal For the Petitioner: Mr. Pradip Kumar Ray Mr. Ujjal Ray Heard on: 24th July 2013 Judgement on: 29th July 2013.
The petitioner-husband has approached this court for quashing of a proceeding under Section 125 of the code of Criminal Procedure, now pending before the Learned Additional Chief Judicial Magistrate, Chandannagar on the sole ground that already be has divorced the opposite party-wife by pronouncing a 'Talak'. The question of talak is a pure question of fact and the factum of 'talak' has to be proved during the proceedings under Section 125 of the Code of Criminal Procedure to deny maintenance to the wife. In this case the proceeding has not yet been started, only notice has been served. This might be a good defence of the petitioner which if proved, may exonerate him from paying maintenance but at this stage it is not permissible by invoking Section 482 of the Code of Criminal Procedure to enter into the question whether there was 'talak' or not.
This criminal revision has no merit and the same stands rejected. Criminal Section is directed to supply urgent xerox certified copy of this order to the parties, if applied for, as early as possible.
(Ashim Kumar Roy, J.)