GANGA BAI Vs. BRIJ LAL

JUDGEMENT

(1.) BY this petition Under Section 482 Cr. P. C the Petitioner challenges the order dated 20-2-89, passed by II Additional Sessions Judge, Khargone, in Criminal Revision No. 18/87, thereby dis-entitling the petitioner, from claiming maintenance allowance from her husband the respondent, on the ground that she was not his lawfully wedded wife.

(2.) SHORT facts in the case are that the petitioner filed an application Under Section 125 Cr. P. C. , claiming maintenance. Her first application was in the year 1984, which she did not persue as the respondent perasuaded her to return to her matrimonial home on as assurance that he would be no longer ill-treated in future. However, taking advantage of non-prosecution of case, the respondent No. 1 started ill-treating the petitioner, who was compelled to leave her matrimonial home and file a fresh application for maintenance Under Section 125 Cr. P. C. which was filed some time in July 1985. The respondent No. 1 is her husband, while respondent No. 2 is their son, borne of the wedlock.

(3.) RESPONDENTS' main defence was that the petitioner not being the legally married wife, she was not entitled to maintenance. Her first husband Hiralal, had not divorced her when she married the respon- dent No. 1.