SHAKUN BAI Vs. RAMJI

JUDGEMENT

(1.) PETITIONER Smt. Shakun Bai, a hapless and disappointed wife of non-petitioner Ramji; has knocked the doors of this Court, by filing this petition, under Section 482, Cr. P. C. , being frustrated by the orders of the Courts below, turning down her prayer for grant of maintenance under Section 125 of the Cr. P. C.

(2.) PETITIONER Smt. Shakun Bai had filed an application, against her husband/ non-petitioner Ramji, for grant of maintenance, under Section 125 of the Cr. P. C. In his reply, filed to the above application, non-petitioner/husband Ramji admitted the status of petitioner Shakun Bai as his 'legally wedded wife'. It was further admitted that the non-petitioner had kept a mistress, and two children were born out of their relations. The husband however took the plea that he had already divorced his wife, petitioner Shakun Bai, in the customary form of his community, and was, therefore, not liable to any maintenance.

(3.) THE Trial Court, on appreciation of the evidence led by the parties, found that the petitioner/wife was not entitled to grant of maintenance, as she was a divorced wife and had approached the Court quite late, for grant of maintenance. Her application was, therefore, dismissed vide order dated 30. 1. 1989, passed in Criminal Case No. 55/86. The above order of dismissal of the petitioner's application was affirmed by the Revisional Court, on more or less the same reasonings, vide order dated 3. 9. 1994, passed by IIIrd Additional Sessions Judge, Damoh in Cr. Revision No. 13/89. Hence, this petition by the wife under Section 482 of the Code of Criminal Procedure.