KAMLA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 21.12.2006, passed by the Family Judge, Haridwar, whereby the application moved by Smt. Kamla under Section 125 CrPC, seeking maintenance from private respondent no. 2 Naresh Kumar, claiming him to be her husband, was dismissed.

(2.) THIS Court has rendered a careful and anxious consideration to the submissions advanced by learned Counsel for the parties and has also gone through the impugned judgment and order as well as the evidence adduced by the parties before the court below.

(3.) THE above precedent is not applicable in the present controversy because the factum of existence of the marriage of Smt. Kamla with Than Singh up till 1998 is itself evident from her own statement, as stated above. In such a situation, she could not be said to be a legally wedded wife of Naresh Kumar, although she might be living with him since 25.1.1994. Her status, at best, if any, can only be termed as of a concubine or of having a living relationship with Naresh Kumar.