MAYA DEVI Vs. JUDGE FAMILY COURT ALLAHABAD

JUDGEMENT

(1.) V. K. Chaturvedi, J. Heard Mr. Sharad Kumar Srivastava, learned Counsel for the revisionists. Mr. R. K. Gupta, Counsel for opposite party No. 2 had learned A. G. A.

(2.) THIS revision has been preferred against the judgment and order dated 5-6-2000 passed by the Judge, Family Court, Allahabad in Case No. 20 of 1996, rejecting application of the revisionists under Section 125 Cr. P. C.

(3.) FACTS of the case in narrow compass are as under : Smt. Maya Devi, Revisionist No. 1 and her son Manoj Kumar, Revisionist No. 2, filed an application on 2- 8-1996 under Section 125, Cr. P. C. before the Judge, Family Court, Allahabad as Case No. 20 of 1996, on the ground that she was married with opposite party No. 2 Shiv Paltan Singh about 30 years back according to Hindu rites and out of their wedlock, one son-revisionist No. 2 is born. She was living with opposite party No. 2 for the last 25 years as his wife but about three months back, the opposite party No. 2 after beating her and after snatching her all belongings, turned her out from his house and since then she is living separately and she is unable to maintain herself and her minor son. In support of her contentions, statement of Maya Devi was recorded as P. W. 1 and statement of one Ismail was also recorded as P. W. 2. Opposite Party No. 2 Shiv Paltan Singh filed his written statement in which he admitted the marriage and further stated that after the marriage, for sometime Smt. Maya Devi lived in her in-laws house and, thereafter, she came with him at Allahabad about 20 years back. For sometime she stayed with him. His cousin brother-Budh Prakash was also residing in a nearby quarter, and Smt. Maya Devi developed illicit relations with Budh Prakash about 18 years back which was told to him by his neighbours. In spite of his best efforts, she did not change herself and out of her relationship with Budh Prakash a boy-opposite party No. 2 was also borne. She is living with Budh Prakash and she herself left him and she is able to maintain herself as she is earning about Rs. 650 per month and her son is also earning Rs. 1,000 per month.