SATBIR Vs. OM PATI

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 28-10-1992 passed by the Additional Sessions Judge, Rohtak by which Om Pati respondent has been granted maintenance under Section 125 Cr. P. C.

(2.) OM Pati filed a petition under Section 125 Cr. P. C. against the petitioner alleging that the parties of this case were married to each other on 20-6-1978 and they lived as wife and husband till July, 1985 when Om Pati was deserted by the petitioner. Om Pati got the marriage dissolved on the ground of cruelty and as such a decree of divorce was passed by the Additional Sessions Judge on 20-10-1986. The further case of Om Pati is that Satbir petitioner is a rich landlord having more than 100 bighas of land, tractor, cattle etc. and his monthly income from all sources is, thus, Rs. 5,000/ -. Om Pati claimed herself to be not doing any work. She has alleged that she neither owns nor possesses wither movable or immovable property and wholly depends upon her brothers, therefore, she claimed maintenance in the sum of Rs. 500/- per mensum from the petitioner from the date of the institution of the petition. Satbir petitioner filed the written statement denying the allegations of Om Pati. He took up the plea that Om Pati was not his legally wedded wife. He has alleged that his first wife Krishna is still alive and that marriage still subsists. According to a Satbir, Om Pati has levelled false allegations against him. Satbir further averred that Om Pati was owning movable and immovable property and she earns about Rs. 2,000/- per mensum from all sources. The Trial Court dismissed the application filed by Om Pati on 19-5-1992.

(3.) MR. Virender Singh, Advocate for the petitioner has contended that first wife of the petitioner Smt. Krishna is still alive and that marriage between Krishna and Satbir petitioner still subsists, therefore, petition filed by the respondent is not maintainable and the same is liable to be dismissed.