Smt. Sarishta Devi vs Sh. Kesho Dass Sharma on 26 February, 1991
7. On the other hand, the observations of the Cacutta High Court in Dipak Banrjee v. Sudipta Banerjee, 1988 (2) Recent Cr. R. 128 are fully attracted to the facts and circumstances of the case in hand. In that case, the husband was a foreign national. The marriage between the parties was celebrated in India on a short visit to Calcutta, the husband had deserted his wife and child. Under these circumstances, it was held that the wife can maintain an application under Section 125 of the New Code in India as the provisions of this Section do not exclude a foreigner from its purview and are applicable to all the persons irrespective of citizenship and person law of the husband. In view of the said position, there is no force in the contention of the learned counsel for the respondent.