MIRA RANI Vs. BALRAM KISHORE PATHAK

JUDGEMENT

(1.) SMT. Mira Rani has filed this revision against the judgment dated 9-10-1986 passed by Sessions Judge, Saharanpur in Criminal Revision No. 123 of 1986 Balram Kishore Pathak v. SMT. Mira Rani whereby he set aside the order of the First Additional Munsif/Magistrate, Shahjahanpur dated 22-7-1986 awarding maintenance under Section 125, CrPC in Case No. 170 of 1986 in a tune of Rs. 200/- P.M. from the date of her application under Section 125, CrPC.

(2.) IT is not disputed that marriage of the applicant Smt. Mira Rani was solemnised with Balram Kishore Pathak quite sometime back. However, as per her statement in this case, which she gave on 1-12-1984 she had alleged that about 3-1/2 years back she had been turned out from the house of opposite party Balram Kishore Pathak. The age as given by applicant Mira Rani at the time of her statement was 26 years and in her deposition she had stated that her marriage had taken place 12 or 13 years prior to that date. IT was also stated by her that she had left her in-law's place after about a year. Thereafter her mother had got her back to her house and ever since she is living with her mother. The case of opposite party Balram. Kishore Pathak is that due to fits of epilepsy with which Smt. Mira Rani suffered, the marriage was never consumated and there was some Panchayat in which the parties were treated as divorced in the customary way by separation (Chhutauti), hence applicant Smt. Mira Rani was not entitled to any maintenance. IT was in view of the peculiar facts and circumstances of this case that the application for maintenance moved on 13-6-1983 was once dismissed by the trial Magistrate on 3-12-1984, whereafter on the revision by the applicant, Smt. Mira Rani, the case was remanded when the Magistrate by his order dated 22-7-1986 awarded maintenance of Rs. 200/- P.M. to the applicant which as mentioned earlier, has been set aside in revision by the Sessions Judge on 9-10-1986.

(3.) I have heard Shri H. N. Sharma, learned counsel for the applicant Smt. Mira Rani and Shri Krishna Raj Singh, learned counsel for opposite party Balram Kishore Pathak and have gone through the judgments as also the statement of Smt. Mira Rani, which had been filed along with the supplementary affidavit of the opposite party Balram Kishore Pathak.