LAL MOHD Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal revision has been filed by the revisionist challenging the judgment and order dated 27.07.2012 passed by the Principal Judge, Family Court, Faizabad in Case No. 193 of 2003 [Jameerul Vs. Lal Mohammad], under Section 125 of the Code of Criminal Procedure.

(2.) In short the factual assertion is that the respondent no. 3 -Jameerul has got married with revisionist -Lal Mohammad according to the Muslim Rites. The respondent no. 3 was ill treated by the revisionist Lal Mohammad. Further assertion is that the present revisionist has refused to maintain the opposite party no. 3, which resulted in moving of the application under Section 125 of the Code of Criminal Procedure. The marriage was denied by the present revisionist and also assertions were made that the revisionist Lal Mohammad is not liable to pay any amount.

(3.) The case of the revisionist is that the revisionist Lal Mohammad was never married to opposite party no. 3 nor she ever resided with him as his wife. The opposite party no. 3 miserably failed to produce any evidence to support her claim of marriage with the revisionist. Learned court below in its judgment has recorded finding regarding marriage between the revisionist and opposite party no. 3. The court below has observed in the judgment that there was enmity between the revisionist and his brother Abdul Kalam. However, upon the statement of the real brother of revisionist the court below recorded finding regarding marriage between the revisionist and opposite party no. 3. While recording the aforesaid finding the opposite party no. 2 has also observed the enmity between the revisionist and his brother Abdul Kalam, who was examined as A.P.W.2 on behalf of opposite party no. 3.