JAYAWATI DOLEY Vs. BISWAJIT PEGU

JUDGEMENT

(1.) The revision petitioner herein filed a petition u/s 125 Cr.P.C. before the learned Chief Judicial Magistrate, Dhemaji claiming maintenance for herself and for her minor child from the 2nd party/husband. The learned Trial Court on conclusion of the trial came to the finding that the petitioner was not the legally married wife of the 2nd party/husband. However, he granted maintenance in favour of the child at the rate of Rs. 400/- per month. In appeal the learned Sessions Judge did not even grant maintenance to the child.

(2.) Heard Mr. B. Borah, learned counsel for the petitioner and Mr. K. Baruah, learned counsel for the respondent.

(3.) Although the petitioner claimed to be the legally married wife of the respondent but she failed to discharge the burden that she was the legally married wife. According to her, she had love affairs with the respondent and as a result of co-habitation, she became pregnant and when the matter came to the knowledge of her father, he organized a 'mel' in the village where the respondent admitted paternity of the child and she was taken to his house for performing some rituals of the Mising Community. In the house of the respondent she had given birth to a female child. In the meantime, the respondent married another woman and drove her out from his house and having no other alternative she started living in the house of her parents with the child.