ANGOORI DEVI Vs. STATE OF UP

JUDGEMENT

(1.) Angoori Devi, the revisionist, has preferred this revision against judgment and order dated 19.03.1999 passed by Judge, Family Court, Bareilly in Misc. Case No. 804/1994 (Smt. Angoori Devi v. Sohan Lal and Ors.) Under Section 125 CrPC, P.S. Prem Nagar, District Bareilly whereby the application for maintenance allowance as per provisions Under Section 125 CrPC moved by the revisionist has been dismissed.

(2.) At the time of hearing of this Revision, learned Counsel for the revisionist appeared and has been heard. No one appeared on behalf of respondent No. 2 Sohan Lal while learned AGA remained present on behalf of State of U.P. (Respondent No. 1).

(3.) Learned Counsel for the revisionist contended that the impugned order is illegal and perverse because the revisionist is legally wedded wife of respondent No. 2 and holding otherwise in this regard, the learned Judge has committed a material illegality. One son and one daughter were born with the wedlock of the revisionist and respondent No. 2. Learned Lower Court wrongly disbelieved the evidence of Anil Kumar the son of the revisionist, who himself claimed to be her son. Some minute contradictions regarding the marriage in between the parties could not be the basis of discarding the fact of the marriage between the parties. The revisionist and respondent No. 2 lived together as husband and wife is the fact very well established even in the evidence of Babu Ram, the real brother-in-law of respondent No. 2. The divorce had taken place between the revisionist and one Bittan Lal, the earlier husband of the revisionist in the year 1965 vide judgment and order dated 27.01.1965 in Petition No. 27/1964 (Smt. Angoori Devi v. Bittan Lal) and after divorce, the revisionist married with respondent No. 2. Since the divorce certificate was not available with the revisionist at the stage of trial, the same has been now procured by the revisionist.