SURESH PRASAD Vs. URMILA DEVI

JUDGEMENT

(1.) The applicant has preferred an application under Section 482 of Cr.P.C challenging the order dated 1.12.2010 passed by learned Vth Additional Sessions Judge, Rewa in Criminal Revision No.296/2009 by which the order dated 14.7.2009 passed by JMFC Rewa (Shri G. C. Mishra) in MJC No.189/2006 was confirmed. Applicant has also challenged the order dated 14.7.2009 passed by JMFC Rewa.

(2.) Facts of the case are that the respondent no.1 has filed an application under Section 125 of Cr.P.C that she was the wedded wife of the applicant. In 1986, after 8 years of her marriage Gauna took place and thereafter, she was residing with the applicant. She got six children from the applicant, out of them one had already expired. Applicant was in habit to assault the respondent no.1 and ultimately, she was thrown out from the house because the applicant kept one Geeta, daughter of Kolai @ Jamuna Saket in his house. Respondent no.1 and her children did not have any means for their maintenance and therefore, application under Section 125 of Cr.P.C was filed before the competent Magistrate.

(3.) In the reply filed by the applicant, he denied the entire allegations made in the application. On the contrary it is alleged that respondent no.1 had illicit relation with someone at Allahabad. She was in habit of running away from her husband's house frequently. In the year 2002 she left house of her husband without any intimation and started living with another man. Under such circumstances, she has no ground to get maintenance by living separately. It is also alleged that respondent no.6, Shivam was not the son of the applicant.