Pushpak Bhattacharyya v. Ananya Mukherjee

13.02.2025 tkm/ct 28 C.R.R. 3734 of 2024 sl no.13 In Re : An application under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 And In Re : Pushpak Bhattacharyya ....... petitioner Mr. Subrata Bhattacharya Mr. Atanu Basu Mr. I Dutta ...... for the petitioner

1. Petitioner assails proceeding under section 125 Cr.P.C on the ground that opposite party-wife has prayed for decree of nullity on the ground of non-consummation of marriage

2. I have considered the averments in the impugned application praying for maintenance. Opposite party-wife unequivocally stated that the marriage has been solemnized on 30.10.2022 according to the Special Marriage Act 1994. Petitioner also admits the marriage. But opposite party-wife has prayed for nullity of marriage on the ground of non-consummation of marriage. This prayer by no stretch of imagination disputes the existence of a marital tie between the parties and her claim to maintenance.

3. Accordingly I am of the opinion there was no jurisdictional error on the part of the magistrate to entertain the prayer for maintenance.

4. Application is dismissed.

(Joymalya Bagchi, J.)