SMT KAMLA DEVI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By way of this writ petition under Article 227 of Constitution of India, the petitioner has sought the relief for issuing direction quashing the impugned orders dated 26.6.2001 and 28.6.2002, contained in Annexures-5 and 6 to the writ petition, passed by Chief Judicial Magistrate, Chamoli and Sessions Judge, Chamoli respectively.

(2.) Brief facts of the case are that petitioner-Smt. Kamla Devi moved an application against respondent No. 2-Sheri Lal for grant of maintenance under Section 125 of Cr.P.C. alleging therein that she became widow at the age of 17 years and at the time of death of her husband a fetus of three months was in her womb and after 6-7 months a daughter was born. The petitioner further alleged in the application that her father married her with one Sheri Lal in the year 1989 and at that time Sheri Lal was unemployed and subsequently he did his B.Ed. with the help of her father. In the year 1995 she conceived from Sheri Lal and subsequently she gave birth to a daughter. As Sheri Lal became a teacher in a primary school therefore his attitude was changed towards the petitioner. Respondent No. 2-Sheri Lal removed the newly infant baby and kept the baby at some unknown place, thereafter respondent No. 2 took the petitioner to Narayan Bagar and kept her in a room there. When the petitioner asked Sheri Lal about her baby, then he threatened her with dire consequences and pushed her also from his house. Since then respondent No. 2 has not been maintaining her. It is further alleged that on 13th April, 1997 respondent No. 2 married with one Usha. The petitioner has thus claimed a sum of Rs. 1000/- per month as maintenance.

(3.) The application filed by the petitioner was contested by respondent No. 2 and he pleaded in his objection that he was never married with petitioner-Kamla Devi. He has further pleaded that he and Kamla Devi never lived as husband and wife. He has also pleaded that he gets the salary of Rs. 2800/- after deduction. He has admitted his marriage with Usha. He has further stated that Kamla Devi is an employee of Aanganwari and is able to maintain herself. He has thus prayed that application is liable to be rejected.