SHANKAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This revision by the husband has been directed against the judgment and order dated 7.7.1993 passed by Vth Additional Sessions Judge, Bijnor in Criminal Revision No. 287 of 1991 (Smt. Shobha Rani v. Shankar Singh and Anr.) setting aside the order dated 26.10 91 passed by Additional Chief Judicial Magistrate, Nagina, Bijnor in Misc. Case No. 37 of 1990 under Section 125 Cr.P.C. and granting maintenance allowance at the rate of Rs. 200/- per month to opposite party No. 2, Smt. Shobha Rani, from the date of application.

(2.) Application under Section 125 Cr.P.C. was filed upon the allegation that Smt. Shobha Rani was married to Shankar Singh on 4th May, 1985 at Nagina. Immediately after the marriage, she came to know that her husband had earlier married to one Smt. Adesh Kumari. She enquired about it from him whereupon he replied that Smt. Adesh Kumari was married to one Rajesh Kumar of Nangal and that she was not his wife. However, on 25.8.1985, her husband came alongwith Smt, Adesh Kumari and told her that she was her first wife, that he has brought her from Nai Basti. Bijnor and that she would now live in the house alongwith them and that she will have to serve Smt. Adesh Kumari. The applicant protested and told him that he had earlier told her that he had not married any other women whereupon Shankar Singh Verma became annoyed, beat her and turned her out of the house. She claimed maintenance allowance at the rate of Rs. 500/-per month stating that Shankar Singh Verma is employed in Janpriya Insurance Company, Bijnor and is earning Rs. 1,000/-per month.

(3.) Shankar Singh contented the application. He denied her marriage with the applicant and all the other allegations made in the application. He stated that Smt. Adesh Kumari is his legally wedded wife and therefore no question of his marrying the revisionist arises. He also stated that after deductions he is getting Rs. 544/- per month as salary and he is not in a position to pay the maintenance allowance. He further stated that some of his relations wanted to marry him a second time but when Smt. Adesh Kumari came to know about it, she filed Suit No. 175 of 1985, in which, injunction order was passed on 2.5.1985 restraining them from marrying. The applicant in support of her case examined herself and P.W. 2, Rameshwar Prasad. Both of them in their examination-in-chief supported the applicant's version of the case. The opposite party No. 2 did not adduce any evidence defence.