SHIVWATI Vs. RAM DAS

JUDGEMENT

(1.) THIS Revision has been preferred against the judgment and order dated 16-12-1983 passed by the Spe cial Judge (DAA) Jalaun at Orai in Criminal Revision No. 42 of 1983. By that judgment the learned Judge allowed the revision and dismissed the application filed by the revisionist under Section 125, Cr. P. C.

(2.) SRI Rajeshji Verma, appearing for the revisionist has challenged certain obser vations of the lower revisional Court and submitted that those observations were un warranted.

(3.) IN paragraph 6 of the judgment the learned Judge held that the said marriage is void since Ram Das had the legally wedded wife alive at the time of his marriage. IN that paragraph he has also held that since there was a age gap of about 17-18 years in be tween Smt. Shivwati and Ram Das, the ap plicant (wife) must be in the knowledge of the fact that the opposite party (husband) had a living wife. According to the learned Counsel the said observation was not based on evidence on the record.