DEVMANI BAI Vs. KALYAN SINGH

JUDGEMENT

(1.) PETITIONER Smt. Devmani Bai, who is wife of non-petitioner Kalyan Singh, has filed this petition Under Section 482, Cr. P. C. , against the order dated 24. 9. 1991, passed by Sessions Judge, Satna in Cr. Rev. No. 68 of 1990, whereby the order dated 1. 5. 1990, passed by J. M. F. C. , Satna in M. Cr. C. No. 3 of 1988 dismissing the petitioner's application for grant of maintenance Under Section 125, Cr. P. C. , was affirmed.

(2.) PETITIONER Smt. Devmani Bai, initiated proceedings under the provisions of Section 125, Cr. P. C. , against her husband, non-petitioner Kalyan Singh, for seeking maintenance. In the application it was mentioned that the petitioner is 'legally Wedded Wife' of the non-petitioner, and the non-petitioner had kept a 'mistress' and has thereafter started subjecting the petitioner to cruelty. The petitioner also stated that since then her husband is neglecting to maintain her. On the above allegations, petitioner Smt. Devmani Bai claimed an amount of Rs. 500/- per month, as maintenance, from her husband.

(3.) NON-PETITIONER Kalyan Singh, in his reply to the above application, stated that petitioner Devmani Bai was infact his second wife as one Chunki Bai, who was married to his elder brother Ram Pratap Singh, had become his first wife, after the death of his brother Ram Pratap Singh. It was further stated that as the two wives were not pulling on well, the non-petitioner had partitioned his assets between the two wives and their sons. It was, therefore, pleaded that petitioner Devmani Bai was not entitled to grant of maintenance.