RAMESH KUMARI Vs. BARHMA NAND ALIAS BARHAM PARKASH

JUDGEMENT

(1.) RAMESH Kumari, petitioner herein, through this petition under Section 482 of the Code of Criminal Procedure, seeks quashing of order of July 19, 1991 passed by Judicial Magistrate 1st Class, Charkhi Dadri, and that of Sessions Judge, Bhiwani, dated April 18, 1992, thereby refusing to grant maintenance to her under Section 125 of the Code of Criminal Procedure. The petition has been contested on behalf of the respondent.

(2.) SHORT facts of this case are that the petitioner was married with the respondent in the year 1978 and they resided together as husband and wife upto 1985, when they bad fallen out. The wife brought a petitioner under Section 125 of the Code of Criminal Procedure in the Court of Judicial Magistrate 1st Class, Charkhi Dadri, on 1-9-1987. The learned trial Magistrate held that the petitioner had failed to prove the factum of a valid marriage with the respondent. Resultantly, he dismissed the petition vide his Judgment of July 19, 1991.

(3.) FEELING aggrieved, the wife preferred Criminal Revision No. 30 of 1991 which was heard and decided by Shri M K. Bansal. Sessions Judge, Bhiwani, vide order dated April 18, 1992 thereby upholding the finding of the learned Magistrate and dismissing the revision petition. Now through the present petition, the wife seeks the quashing of the aforesaid orders.