SUMAN KUMARI Vs. HARBANS LAL

JUDGEMENT

(1.) ETITIONER Suman Kumari had filed an application under Section 125 Cr.P.C. against Harbans Lal @ Pappu. She was seeking maintenance asserting that she was married to the respondent on 13.4.1990. She was being harassed for not bringing sufficient dowry and was being maltreated. On 13.5.1991 she was turned out by the respondent from his house. Attempts were made to rehabilitate the petitioner but without success. Her case was that respondent has refused to maintain her and thus came the prayer for the maintenance to be fixed.

(2.) IN the reply filed the respondent had contested the petition. It was alleged that petitioner has played fraud upon him. She was married earlier to another person who is still alive. Her marriage has not been dissolved. It was admitted that respondent had married the petitioner but he came to know that petitioner has earlier been married and her husband is alive. Respondent's case was that petitioner has been harassing him and members of his family. It was denied that petitioner was turned out of the house or was maltreated.

(3.) ON behalf of the petitioner two main contentions had been raised namely (a) the defence of the respondent had been struck off and, therefore, he had no right to cross-examine the petitioner, and (b) since the petitioner had been married to the respondent irrespective of her husband Mohan Lal being alive, she is entitled to claim the maintenance.