Maitraditya Chattopadhyay @ Chatterjee v. Sutartha Mukhopadhyay

11.09.2025 Sl.No. 36 Ct. 237 Amalranjan In The High Court At Calcutta Criminal Revisional Jurisdiction Appellate Side CRR 3593 of 2025 Maitraditya Chattopadhyay @ Chatterjee Vs.

Sutartha Mukhopadhyay Mr. Sujan Chatterjee Mr. Rohan Bavishi..........for the petitioner Mr. Sarbananda Sanyal Ms. Poulami Chakraborty..........for the wife/o.p. 1.

This revisional application has been filed by the petitioner seeking quashing of the proceedings being Misc. Case no. 102/2021 under Section 125 of the Cr.P.C pending before the learned Judicial Magistrate, 3rd Court, Burdwan.

2.

It is submitted by the learned advocate appearing on behalf of the petitioner that the private opposite party claiming herself to be wife of the present petitioner filed a proceeding under Section 125 of the Cr.P.C seeking maintenance.

3.

Learned advocate for the petitioner submits that at the relevant point of time, petitioner's previous marriage was not legally dissolved and, therefore, the present petitioner is not liable to pay maintenance to the private opposite party.

4.

The private opposite party/wife is represented by the learned advocate.

5.

Having heard the submissions made on behalf of the parties and considering the materials placed before the Court, it transpires that the private opposite party filed a proceeding under Section 125 of the Cr.P.C against the petitioner claiming herself to be wife of the petitioner. 6.

The status of the private opposite party as wife of the petitioner has been challenged by the petitioner on the ground that her previous marriage was still subsisting when she was married to the petitioner. It is not denied that the petitioner and the private opposite party had been residing in matrimony with each other after the alleged marriage for a considerable period of time and represented themselves to be the husband and wife before the society at large.

7.

In such circumstances, I find no merit in the revisional application 8.

The instant revisional application being CRR 3593 of 2025 is, accordingly, dismissed without any order as to costs.

9.

Let a copy of this order be communicated to the learned trial Court for information.

10.

All parties shall act in terms of the server copy of this order duly downloaded from the official website of this Court.

( Md. Shabbar Rashidi, J. )