SAUDAMINI DEI Vs. BHAGIRATHI RAJ

JUDGEMENT

(1.) THIS revision by the wife is directed against the judgement of the learned Sessions Judge in revision reversing the decision of the Magistrate granting maintenance to the petitioner at the rate of Rs. 30/ - per month in a proceeding under Section 125 of Criminal Procedure Code

(2.) FACTS shortly stated : The parties were married in Falguna 1974 in Gandharba form by exchange of garlands. After some time the initial warmth vanished and there was dissension, and it is alleged by the petitioner, she was illtreated and later on driven out. The petitioner took shelter under the care of her father. At the instance of her father a Panchayati was convened and at the said Panchayati, the decision was that the opposite party would take back the petitioner and look after her properly. A Panchayati Patra (Ext. 2) was prepared. The gentlemen as well as the parties signed the same. In pursuance of the said settlement, the petitioner was taken back by the opposite party. However, amity did not long prevail and the petitioner was driven out again at the end of about three months. As the opposite party neglected/refused to maintain the petitioner, the petitioner was compelled to file the application.

(3.) THE petitioner examined eight witnesses and proved the Panchayati Patra (Ext. 2) : On a consideration of the evidence, the learned Magistrate found that petitioner was the wife of the opposite party and granted maintenance at the rate of Rs. 30/ - per month from the date of the order. The opposite party carried a revision and the learned Sessions Judge reversed the decision of the learned Magistrate holding that the petitioner "failed to prove that she is the legally married wife of the opposite party".