GODAWARI BAI BISAHURAM SAHU Vs. BISAHURAM SAHU

JUDGEMENT

(1.) THE present revision petition is against order dated 22.12.1987 passed by Shri B.K. Shrivastava, Third Additional Sessions Judge, Bilaspur, in Criminal Revision No. 218 of 1986 setting aside the order dated 13.11.1986 passed by the Additional Chief Judicial Magistrate, Bilaspur, in Misc. Cr. Case No. 45 of 1986 on an application under Section 125 of the Code of Criminal Procedure.

(2.) ADMITTEDLY , the applicant, Smt. Godawari Bai, after getting the customary divorced from her earlier husband Domra, had married the non-applicant Bisahuram Sahu in Churi form in the life time of his first wife Smt. Baisakha Bai, who is still alive. The present marriage in Churi form was performed between the parties in order to get the issues which the non-applicant did not have from his first wife Smt. Baisakha Bai. This marriage took place about more than 20 years before. Bisahuram Sahu had five daughters from applicant Smt. Godawari Bai, out of them only 3 are alive. At present applicant Smt. Godawari Bai is forced to live separately in village Selar.

(3.) THE submission of the learned Counsel for the applicant is that the order passed by the lower revisional Court is wrong and it should be set aside and that of the trial Magistrate be restored.