USHA DEVI Vs. SUNDER SINGH

JUDGEMENT

(1.) This Criminal Revision Petition has been filed at the instance of the petitioner-wife, Smt. Usha Devi, challenging the judgment dated 19-12-1990 of Sub Divisional Judicial Magistrate, Theog, District Shimla, whereby her application under Sec. 125 Code Criminal Procedure for maintenance against the respondent-husband, Sunder Singh, was dismissed.

(2.) The petition under Sec. 125 Code Criminal Procedure for maintenance was filed on 15-12-1987. As stated in it, the parties got married in Nov., 1980, according to local custom of the Ilaqua. Though, since their marriage, the parties had been living together as husband and wife, yet, the grievance of the petitioner-wife is that she was not treated well as the respondent-husband wanted to marry second time. Her allegations are that ultimately in July, 1987, she was turned out of the matrimonial home when she was carrying 8 months pregnancy.

(3.) The respondent-husband has admitted the marriage but has denied all other allegations. According to him, the marriage stood dissolved on 18-8-1983 by giving writing to him by the petitioner-wife which is called "Receipt Faisla" in local parlance. The respondent-husband has averred in his reply that the petitioner wife had lived with him for two years after the marriage and thereafter she had come to his house on 18-8-1983 to seek divorce. After the divorce, he had no relation whatsoever with the petitioner-wife and the petition for maintenance was filed by her in order to fasten the legitimacy on the respondent-husband of the child which she had begotten out of her adulterous relations with somebody else. In her rejoinder, the petitioner-wife denied that any divorce took place on 18-8-1983 by the alleged writing. She has explained that the respondent-husband had got her signatures on blank papers by playing fraud on her and by mis-representing facts which might be used as alleged "Receipt Faisla". After the trial, the petition was dismissed by the Trial Court accepting the defence of the respondent-husband in toto. It was held that marriage between the parties was dissolved on 18-8-1983 in accordance with custom. Thereafter, the respondent-husband had no relationship with the petitioner-wife. It is also found by the Trial Court that the child born to the petitioner-wife was not begotten from the respondent-husband as he had no access to her after the divorce.