TILAK RAJ Vs. USHA RANI

JUDGEMENT

(1.) Usha Rani filed an application under Section 125 of the Code of Criminal Procedure for-grant of maintenance at the rate of Rs. 1500.00 per month, alleging that her marriage was solemnised with Tilak Raj on December 8, 1986 at Ram Darbar, Chandigarh. After marriage she went with her husband to Sunder Nagar, where she learnt that Tilak Raj was previously married and had children. She was threatened not to disclose this fact to her parents and relatives. She resided with Tilak Raj as his wife till April, 1987 at Sunder Nagar. She was not treated properly and was subjected to beating and abuses as a result of which she lost her mental balance and remained under treatment at P.G.I. Chandigarh. She was unable to maintain herself and Tilak Raj had neglected and refused to maintain her without reasonable cause.

(2.) The stand taken by the husband in the trial Court was that no marriage was solemnised nor there was any relationship of husband wife between him and Usha Rani. His wife had died leaving three young children. There was no lady in the house who could take care of the children, as his mother was confined to bed for the last more than 8 years. So Usha Rani was brought to his house by one Manohar Lal Bedi as Sarpanch of Kiratpur Sahib. She was engaged as a maid servant to look after the children.

(3.) During the pendency of the proceedings Usha Rani filed an application for grant of interim maintenance. Vide order dated 6/1/1993 Judicial Magistrate 1st Class, Chandigarh allowed her interim maintenance at the rate of Rs. 300.00 per month. Aggrieved this order Tilak Raj has filed the present revision petition.