DALI BAI Vs. DULICHAND

JUDGEMENT

(1.) THE petitioner -wife's application for maintenance under Sec. 125 Cr.P.C. was dismissed by the J.M.F.C. Narsinghgarh by order dated 23.5.88. She approached the Additional Sessions Judge, Rajgarh (Camp Narsingh Garh) for exercise of revisionary power under section 397 Cr.P.C. but failed and now she has approached this Court to exercise ifs inherent power under section 482 Cr.P.C.

(2.) SHRI Kutumble submitted that the Courts below found that marriage of the petitioner with the respondent was not established and for this reason her claim of maintenance was rejected. Shri Kutumble tried to get over the Supreme Court decision reported in Rajan Kumar Manchanda v. State of Karnataka (1990 (Supp) 132] by urging that the petitioner had now filed two documents before this Court which would necessitate a remand to the original Court of J.M.F.C. to examine the relationship between the parties - whether they are wife and husband as claimed. Shri Kutumble also submitted that the Supreme Court in Sumitra Devi v. Bhikan Choudhary (AIR 1985 SC 765) had adopted a similar course and directed remand of the matter.

(3.) SHRI Kutumble states that he reserves his right to approach his right to approach this Court in writ Jurisdiction. Shri Kutumble is free to take any such steps which law permits him. The petition is dismissed as not maintainable. Prounounced in open Court.