Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 213 OF 2018
[@ SPECIAL LEAVE PETITION (CRL.) NO. 7877 OF 2014]
PRATIMA DAS @ ARATI DAS Appellant(s)
VERSUS
SUBUDH DAS Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant approached this Court aggrieved by
the Judgment dated 27.05.2014 passed by the High
Court of Gauhati in Criminal Revision Petition No.
396 of 2013. The order in favour of the appellant
under Section 125 Cr.P.C. granting maintenance at the
rate of Rs.4000/- per month from the month of
September, 2013, has been set aside, mainly on the
ground that the appellant failed to prove that she
was the wife of respondent – Subudh Das. According
to the appellant, the respondent had fathered three
children in her though the same was denied by the
respondent.
Signature Not Verified
Digitally signed by
JAYANT KUMAR ARORA
Date: 2018.02.09
16:45:18 IST
Reason:
3. Hence, by order dated 28.02.2017, we directed the
parties to go for a DNA test. The report of the DNA
has been forwarded to us. It is reported that the
2
respondent is the father of the three children born
to the appellant.
4. In the above circumstances, we set aside the
impugned order passed by the High Court and restore
the order dated 04.09.2013 passed by the
Sub-Divisional Judicial Magistrate, Hojai, Sankardev
Nagar in M.R. Case no. 99 of 2008 filed under Section
125 Cr.P.C.
5. The arrears as on today shall be paid within a
period of four months from today.
6. In view of the above, this appeal is disposed of.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ MOHAN M. SHANTANAGOUDAR ]
New Delhi;
February 01, 2018.
3
ITEM NO.9 COURT NO.5 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No. 7877 of 2014
PRATIMA DAS @ ARATI DAS Appellant(s)
VERSUS
SUBUDH DAS Respondent(s)
Date : 01-02-2018 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
For Appellant(s) Mr. Azim H. Laskar, Adv.
Mr. Sachin Das, Adv.
Mr. Amitabha Sinha, Adv.
Mr. Aditya K. Archiya, Adv.
Mr. Abhijit Sengupta, AOR
For Respondent(s) Mr. Manish Goswami, Adv.
Mr. Rameshwar Prasad Goyal, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is disposed of in terms of the signed
non-reportable Judgment.
Pending Interlocutory Applications, if any, stand disposed of.
(JAYANT KUMAR ARORA) (RENU DIWAN)
COURT MASTER ASSISTANT REGISTRAR
(Signed non-reportable Judgment is placed on the file)