RAMJI Vs. SMT. CHANDRAWATI

JUDGEMENT

(1.) THIS criminal revision has been filed against the judgment and order dated 28.2.98 passed by the learned Judge, Family Court, Azamgarh in Criminal case No. 405 of 1990, Smt. Chandrawati @ Malia v. Ramji. The learned lower Court had allowed the application under Section 125 Cr.P.C., moved by the opposite party against the revisionist.

(2.) THE brief facts of the case are that opposite party No. 2 Smt. Chandrawati @ Malia filed a petition under Section 125 Code of Criminal Procedure against the revisionist in the Court of Munsif Magistrate, Azamgarh which was registered there as Criminal Case No. 602 of 1990. During the pendency of the said petition it appears that a court of Judge, Family Court was created in the District of Azamgarh and the said petition stood transferred to that Court and it was ultimately decided by the Court on 28.2.98 on merits and the petition was allowed.

(3.) THE revisionist had contested the claim of opposite party. He has said that the opposite party is not his wife. He has further stated that since opposite party is not his wife therefore there is no question that her two children were born due to consummation of the alleged marriage. It has further been mentioned that the revisionist was married to one Smt. Chandrawati but she had died issue less and thereafter the revisionist had re -married and he is living with her. The revisionist has also mentioned in his objection that to the best of his knowledge the opposite party is a woman of easy virtue and she had illicit relationship with so many persons. It has further been stated that due to this reason the husband of opposite party had deserted her and ultimately divorced her. It has also been mentioned in the objection that the name of opposite party is Nirmala and not Chandrawati. He has further stated that the father of the opposite party wanted to get the opposite party married to the revisionist but when opposite party had refused to marry, her father felt insulted and due to this reason he alongwith opposite party hatched a conspiracy which had culminated in the shape of petition under Section 125 Code of Criminal Procedure and a rejoinder affidavit was also filed before the learned lower Court by the opposite party but nothing new has been said in it.