NAURANG SINGH CHUNI SINGH Vs. SAPLA DEVI

JUDGEMENT

(1.) THIS reference arises out of the proceedings under Section 488 of the Code of the Criminal Procedure.

(2.) ON 26th March, 1965, Smt. Sapla Devi made an application under Section 488, Cr. P. C. , for grant of maintenance on the grounds, that she was married to Naurang Singh petitioner about two years ago and after one year of the marriage the relations between them became strained and Naurang Singh also married a second wife, namely Smt. Kalpa Devi, that about 8 months ago he (Naurang Singh), dispossessed her of the ornaments and clothes and turned her out of the house, and thereafter she started to live with her father. It was said that during this period, Naurang Singh completely neglected to maintain her, so she claimed maintenance at Rs 30 per mensem from her husband, namely Naurang Singh.

(3.) NAURANG Singh petitioner resisted the claim for maintenance on the grounds that Smt Sapla Devi was not his legally wedded wife and he was actually married to Kalpa Devi about fifteen years ago and also had a female issue from her. Smt. Sapla Devi was the cousin-sister of Smt. Kalpa Devi and frequently visited his house, and he developed illicit connection with her. She also became pregnant. In law, she was not entitled to get any maintenance.