DHARAMABAI WIFE OF SHRIPAT MUN Vs. SHRIPAT

JUDGEMENT

(1.) The petitioner, who was an applicant before the Chief Judicial Magistrate, Wardha in Miscellaneous Criminal Case No. 56 of 1982, has failed this criminal application under section 482 of the Code of Criminal Procedure for setting aside the order of dismissal of her claim for maintenance passed by the Chief Judicial Magistrate and subsequently confirmed by the Additional Sessions Judge, Wardha on 17-7-1986 in Criminal Revision Application No. 52 of 1984.

(2.) The petitioner, who is an old lady of about 67, came before the trial Court with her application under section 125 of the Code of Criminal Procedure alleging that she is the wife of the respondent, their marriage having been celebrated about 40-45 years back. It was her contention that she was residing with the respondent after the marriage and during the wedlock she gave birth to one female child Ujwala. They were leading their married life happily. However, about 10 to 15 years prior to the date of filing this application, the respondent No. 1 started ill-treating her. He refused to maintain her. She has, therefore, claimed maintenance at the rate of Rs. 200/- per month. It was also her contention that the respondent No. 1 is a well-to-do agriculturist having the agricultural income of Rs. 40,000/- per year.

(3.) The claim was denied by the respondent No. 1. He denied that the petitioner is his wife. He denied that the marriage was ever celebrated. It was his contention that he has his first wife living and similarly present petitioner has her first husband living even now. According to him, there was never any divorce between the petitioner and her first husband and, therefore, the so called marriage between the petitioner and the respondent is void. On this count, the claim has been denied. The other allegations are also denied.