LILAWATI ALIAS RANI DEVI Vs. DESHRAJ SINGH

JUDGEMENT

(1.) A suit numbered as 75 of 1982 was filed by the petitioner, Smt. Lilawati in the court of Munsif, Banda in May, 1982 for declaration that she was legally wedded wife off the opposite party no. 1, Desh Raj Singh. Yet another declaration was sought in the suit to the effect that marriage contracted by Desh Raj Singh with another woman was void. The defendant of the suit (opposite party no. 1) of this petition categorically denied the assertions of the petitioner in regard to his marriage with the petitioner. In December, 1982 (about 7 months after the institution off the suit in the civil court) the petitioner gave an application under section 125 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') claiming maintenance allowance on the ground that she was the wife of the opposite party no. 1 who had failed to maintain and had neglected her. This application was dismissed on the 20th of September, 1983. The Magistrate held that the [petitioner failed to prove that she was legally wedded wife of the opposite party no 1. By that time the said suit had been decreed on 18-2-1983 by the Munsif, Banda and an appeal had been preferred against that decision in the court of the District Judge, Banda, which was numbered as Civil Appeal No. 53 of 1983. When this decree was brought to the notice of the Magistrate, he remarked that it was sub-judice and is not binding. The appeal was allowed on 8-2-1984 by the District Judge, Banda, who held that the plaintiff had failed to prove that she was legally wedded wife of the contesting defendant, opposite party no. 1. As the application for maintenance of the petitioner had bees dismissed by the Magistrate, she preferred a revision which was also dismissed on 8-2-1984 by the Sessions Judge (the same Court which had disposed of the civil appeal on that very date as the District Judge, Banda). The petitioner (plaintiff of the suit) filed a second appeal against the decree passed by the appellate court in the civil appeal. This appeal has been admitted by this Court on 29-3-1984 and has been numbered as 1070 of 1984 (Lilawati v. Des Raj Singh).

(2.) THIS petition has been moved under section 482 of the Code for setting aside the order of the Magistrate dated 29-9-1983 and the order passed in criminal revision on 8-2-1984. It is prayed that such orders be passed as the ends of justice require.