ASHOK KUMAR Vs. USHA KUMARI

JUDGEMENT

(1.) Usha Kumari filed an application on 22-4-1976, the court of Judicial Magistrate, Panipat under Section 125Cr.P.C. for maintenace that she was married to Ashok Kumar on 1-3-1975 and lived with him for 6 months in Kalka Ji, Delhi. 0) 4-12-1975 Ashok Kumar and his parents left her at her father's residence in Panipat. At that time she was pregnant and later on delivered a baby girl on 11-1-1976 in the Civil Hospital, Panipat. Inspite of the information of the birth of the child sent to Ashok Kumar, nobody turned up to fetch her.

(2.) While this application stood adjourned to 5-6-1976, Ashok Kumar filed the present suit in Delhi on 1-6-1977 against her, her father Shanti Lal Sehgal and Bashir Ahmed for declaration and permanent injunction that she and her father be restrained from representing and asserting that she was his wife. He averred that the defendant claimed that she was married to him in Panipat on 1-3-1975 but the fact is that he never married her and ceremony of engagement alone took place on 1-3-75 at his house in KalkaJi, Delhi. Her grand mother was living in Delhi and she started visiting him and began to tell the neighbours that she was married to him. No marriage was performed but since she insisted upon him to marry her they signed some affidavit. Later on, she disclosed to him on 13th September, 1975 in his house in Delhi that she was previously married to one Bashir Ahmed of Jabalpur and her name was Aisha Begum. She told him that she will get divorce from him. Thereafter Ashok Kumar broke the engagement and re- fused to marry her according to Hindu rites and customs. Thereafter she closed with one Sohan Lal a bus conductor and became pregnant by him. He gave a notice to which her advocate replied on 11-3-1976 that a daughter was born to her on 1-1-1976 at Panipat. He claimed that she was not his law- fully wedded wife.

(3.) Usha Kumari filed a written statement on 4-1-1977. She stated that her marriage was performed according to Hindu rites on 1-3-1975. She denied that'she had ever told him that she was married to Bashir Ahmed. She denied the allegation with regard to Sohan Lal.