NAHARSINGH Vs. JHINKIBAI

JUDGEMENT

(1.) This criminal revision is filed against the order dated 01-05-2013 passed by learned 2nd Additional Sessions Judge, Alirajpur in Criminal Revision No. 8/2013 by which the learned ASJ set aside the order dated 30-11-2012 passed by learned JMFC, Alirajpur in Misc. Criminal Case No. 12/2010 and allowed the application of respondent Jhinkibai filed under section 125 of Cr.P.C.

(2.) The facts relevant for disposal of this revision are that according to the respondent, she had married to petitioner Naharsingh about 30 years back. Son was borne from their wedlock. After two years of marriage, the petitioner married to another woman namely Sumitra, but the petitioner continued to maintain the respondent and her son. About 1 years back, he stopped paying maintenance amount to her. Her son is married. He is a labourer and therefore, she filed an application under section 125 of Cr.P.C before the JMFC, Alirajpur for maintenance.

(3.) The learned JMFC passed a final order on 30/11/2012 in Misc. Criminal Case No. 12/2010 and inferred that the respondent was never married to the present petitioner and she was not entitled to maintenance under section 125 of Cr.P.C as she was not legally wedded wife of the petitioner. Against this order, the respondent went in revision before 2nd ASJ, Alirajpur. The revision was disposed of by the learned ASJ by order dated 01-05-2013 in Criminal Revision No. 08/2013. Here, the learned ASJ inferred that the respondent is a wedded wife of the present petitioner. Accordingly, the learned ASJ found that the present petitioner is liable to pay maintenance to his legally wedded wife. The revision was allowed and the order of the learned JMFC was set aside. The learned ASJ ordered the payment of Rs. 1000/- per month w.e.f. 01-05-2013.