HUKUMCHAND Vs. TARABAI

JUDGEMENT

(1.) THIS is a reference made by the Additional Sessions Judge Indore under section 438 Criminal Procedure Code in respect of a proceeding under section 488 Criminal Procedure Code wherein applicant Tarabai had applied for maintenance against her husband Hukumchand.

(2.) THE application was submitted on 4 -7 -1955. Reply to this application was submitted on 7 -12 -1955. In this reply Hukumchand alleged that he had divorced the applicant for her adulterous conduct and that she no longer was his wife and that for that reason could not claim maintenance from him.

(3.) THE opponent produced from his possession a document purporting to be an application addressed to Court wherein the applicant Tarabai admits that a Farakati had been given to her and that Hukumchand and herself were no longer man and wife. This document according to the opponent was given to him by Jagannath the brother of the applicant when the Farakati took place.