NIRMALA DEVI Vs. JAGDISH KUMAR

JUDGEMENT

(1.) This case has been called for hearing and even at 2.40 PM none is present on behalf of the petitioner or for the respondent. However, I proceed to dispose of the case on merits on the basis of records before me.

(2.) In the present case, the Metropolitan Magistrate vide his order dated 3rd 0ctober, 1980 fixed the maintenance allowance of Smt. Nirmala Devi who is the petitioner in the present case at Rs.200\- per month. The order passed by the learned Metropolitan Magistrate was challenged by Jagdish Kumar, the respondent herein, in Cri. R. 34/80. The said revision petition of the husband was allowed by the learned Addl. Sessions Judge, Delhi vide his order dated 6th August, 1982. The learned Addl. Sessions Judge held that the marriage between the parties was not solemnised according to the Hindu Rites. Accordingly, the revision of the husband was allowed and the petition of the Nirmala Devi under Section 125 Cr.P.C. was dismissed.

(3.) Aggrieved by the Judgementdated6th August, 1982 passed by the Addl. Sessions Judge, Delhi the petitioner has filed the present petition. It has been stated in the petition that the marriage between the parties was performed by way of 'Anand Karaj' which is a Hindu Rite of marriage. During the pendency of the petition, certain documents have also been filed on behalf of the petitioner which include the marriage invitation Card alleged to be on behalf of Shri Shiv Dutt Pasricha who was the father of Jagdish and another marriage invitation Card on behalf of Smt and Shri KanhiyaLal Virmani, parents of Nirmala Rani. In both the invitation cards the marriage was fixed for 6th June, 1979.