RATAN LAL Vs. IIND ADDL SESSIONS JUDGE

JUDGEMENT

(1.) The present writ petition has been filed by Ratan Lal praying that the order dated 28.3.1989 of VII Addl. Munsif Magistrate, Mathura as confirmed by the order dated 4.1.1990 of Sri K.N. Singh, II Addl. Sessions Judge, Mathura in Criminal Revision No. 81 of 1989 be quashed.

(2.) Respondent No. 3 Smt. Padnia filed an application Under Section 125, Cr. P.C. claiming Rs. 500/- per month as maintainance from her husband Ratan Lal, the petitioner. The case set up by Smt. Padma is that she was married to the petitioner according to Hindu rites above 23 years prior to the filing of the application. Smt. Padma alleges that at the time of her marriage she was the only child of her parents and the petitioner and his family members were expecting to get property of her parents after the death of her parents but their fond hopes wrecked on a fortuity which was no other than the birth of a male child to Smt. Padma's parents and hence at the time of 'Gauna' ceremony they started making demands of dowry. Smt. Padma has further pleaded that Ratan Lal was having an affair with Smt. Mani Devi whom he later on married and in 1971 the petitioner turned Smt. Padma out of the conjugal home after giving a beating to her. She started living with her father who provided her shelter and food but after her father's death Smt. Padma was left with no means to keep her body and soul together and hence she approached the Court Under Section 125, Cr. P.C. for maintenance.

(3.) The petitioner filed his written statement in which he pleaded that there was no marriage between him and Smt. Padma. He further pleaded that Smt. Padnia was a woman of easy virtue and was having affairs with others. The learned Magistrate has taken pains to scrutinise the evidence of the parties minutely and has held that the petitioner had failed to prove the allegations of unchastity against Smt. Padma. He further held that the petitioner was married to Smt. Padma who was unable to maintain herself. The learned Magistrate also found that the petitioner has entered into a second marriage with Mani Devi. The lower revisional Court upheld the findings of the learned Magistrate and has dismissed the revision.