MENAKA SHEEL Vs. GOPAL SHEEL

JUDGEMENT

(1.) By this revision, the applicant has challenged legality and propriety of the order dated 24-8-99 passed by the 3rd Additional Sessions Judge, Jagdalpur in Criminal Revision No. 10/99, reversing the order dated 5-12-98 passed by the Judicial Magistrate First Class, Kondagaon in Criminal MJC No. 13/97, whereby the trial Court has awarded maintenance of Rs. 800/- per month to the applicant herein. While reversing the order passed by the trial Court, the revisional Court has quashed the order awarding maintenance on the ground that the applicant herein has failed to prove her lawful marriage with the non-applicant herein. I have heard learned counsel for the parties, perused the order impugned and records of the both Courts below.

(2.) As per brief facts of the case, the applicant has married the non-applicant in a temple in presence of her parents in the year 1995. After some time of her marriage, the non-applicant has deserted the applicant and the applicant is residing separately. The non-applicant has denied the marriage. Both the parties led evidence. In the present case, the applicant has failed to show the ground that why the special mode of marriage has been adopted and why she has not followed the custom. After marriage, the applicant has never resided with the non-applicant at his place of service Kohkameta, inter alia, she was residing with her parents. In case of maintenance by legally wedded wife, wife is required to prove lawful marriage. The revisional Court has reversed the order passed by the trial Court on the ground that the applicant has failed to prove her lawful marriage with the non-applicant. On due consideration, I do not find any illegality in such finding requiring interference in exercise of revisional jurisdiction. Consequently, the revision is dismissed.