RAMA SHANKAR CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a revision against the judgments and orders dated 20. 2. 2001 and 30. 9. 2005 passed by the Judge Family Court, Azamgarh in criminal Case No. 123 of 1998, Haushala Devi v. Rama Shanker Chauhan and misc. Application No. 94 of 2008 Rama Shankar Chauhan v. Haushala Devi respectively.

(2.) THE facts relevant for disposal of this revision are that the opposite party No. 2 Haushla Devi had filed an application under section 125, Cr. P. C. against the revisionist which was registered as Criminal Case No. 123 of 1998 in the Family Court, Azamgarh alleging therein that she is legally wedded wife of the revisionist Rama Shankar Chauhan who was not maintaining her and had deserted her and so she had claimed maintenance from him under section 125, Cr. P. C. The revisionist filed written statement in the above case in which he denied his marriage with Haushla Devi alleging that he is not liable to pay any amount as maintenance because she is not his wife.

(3.) AT the stage of evidence, the revisionist did not appear before the trial Court and so the case was heard ex parte and it was decided ex parte on 20. 2. 2001 whereby maintenance at the rate of Rs. 300/- per month was awarded in favour of opposite party No. 2 from the date of the application.