GURJIT KAUR Vs. HAKAM SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated 01.11.2006 passed by learned Sub Divisional Judicial Magistrate, Dhuri, vide which a petition under Section 125 Cr.P.C. filed by the petitioner Gurjit Kaur, for the grant of maintenance allowance at the rate of Rs. 5000/- per month and litigation expenses amounting to Rs. 10,000/-, was declined on a finding that the petitioner has not been able to proved to have validly married the respondent. The finding stemmed from the evidence obtaining on the file to the effect that the (first) marriage of the petitioner with Jaswinder Singh-RW2 had not been validly dissolved.

(2.) Mr. M.K. Singla, learned counsel for the petitioner argued that the finding recorded by the learned Trial Magistrate deserves to be invalidated in view of the fact that there is evidence on the file to the effect that the first marriage of the petitioner with Jaswinder Singh-RW2 had been dissolved as per the custom prevalent in District Sangrur. In support of the averment that a custom-based marriage dissolution is acceptable in law, the learned counsel placed implicit reliance upon 2003(3) RCR (Civil), 503 (Jasbir Singh Vs. Inderjit Kaur).

(3.) The plea aforementioned was resisted on behalf of the respondent. It was averred that the factum and the custom-based dissolution of marriage between the petitioner and RW2-Jaswinder Singh had neither been pleaded nor proved on the file. The plea raised in the context was that whatever feeble evidence has been adduced cannot be taken into consideration for want of a plea to that effect to the petitioner.