LAL SINGH Vs. AJUDHYA DEVI

JUDGEMENT

(1.) The present petition has been preferred under Sec. 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India with the prayer that the order dated 23.9.94 passed by the learned Sessions Judge, Bilaspur in Criminal Revision Petition No. 14/92, be set -aside.

(2.) Smt. Ajudhya Devi, Respondent preferred a petition under Sec. 125 of the Code of Criminal Procedure for the grant of Rs. 500/ - per month as maintenance allowance against her husband Sh. Lal Singh, the present Petitioner. It was pleaded by the lady that she was the legally wedded wife of Sh. Lal Singh and their marriage took place about 40 years back and out of their wed -lock, two daughters were born. No male child was born, as a result of which, the husband started feeling annoyed with her and started mal -treating, abusing her and even mercilessly beating her on one pretext or the other. It was alleged that about one year back prior to the filing of the petition, the husband gave beating to her and turned her out from the matrimonial house and refused to maintain her. The wife pleaded that she was 64 years of age and she has no means to maintain herself.

(3.) This petition was contested by the husband and he denied that the lady was his legally wedded wife. Other allegations made in the petition were also not admitted and it was pleaded that she was earning Rs. 2,000/ - per month by selling milk. The main defence was that the husband was not legally liable to maintain her as she was not his legally wedded wife.