PARMANAND Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) The applicant has approached this Court assailing order dated 3 November 2015 passed by the Revisional Court/Additional Sessions Judge, Court No. 1, Ghazipur in Criminal Revision No. 374 of 2008 arising from an order dated 26 November 2008 passed by the Judicial Magistrate/Civil Judge (Junior Division) rejecting the application to take expert opinion on the signatures appended by the wife of the applicant on the compromise submitted in an earlier proceedings under Section 125 Cr.P.C.

(2.) The record would reveal that the second respondent Ramki Devi filed an application under Section 125 Cr.P.C. for maintenance. The applicant appeared and contested by stating that earlier proceedings was initiated under Section 125 Cr.P.C. being Misc. Case No. 12 of 1985 which according to the applicant was compromised between the parties, as such, the case was dismissed for non-prosecution. After a lapse of 32 years, the present application has been filed, wherein, an objection was raised that the wife of the applicant, that is, Ramki Devi has already died, therefore, the present applicant/respondent no. 2 who claims to be Ramki Devi is not his wife, therefore, an application was moved for taking an expert opinion of a hand writing expert on the signature/thumb impression appended on the compromise alleged to have been filed in the earlier proceedings and comparing it with the thumb impression of the present applicant/respondent no. 2.

(3.) The Court below rejected the application for the reason that it is not being disputed by the applicant that Ramki Devi is his wife though would state that the present lady respondent no. 2 is not his wife, secondly, the subsequent application under 125 Cr.P.C. is maintainable as is being filed under different circumstances, the earlier application was dismissed for non-prosecution and not on merit.