Pratima Das @ Arati Das vs Subudh Das

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

3. Hence, by order dated 28.02.2017, we directed the Digitally signed by JAYANT KUMAR ARORA Date: 2018.02.09 16:45:18 IST Reason:

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)