DWARKU DEVI Vs. GURSAHAI

JUDGEMENT

(1.) The present petitioner is the wife of the respondent. She preferred a petition under section 125 of the Code of Criminal Procedure against her husband -respondent, before the Sub -Divisional Judicial Magistrate, Sundernagar, on the ground that she was legally wedded wife of the respondent who had contracted second marriage and was turned out from the matrimonial house by the respondent. According to the petitioner, she was residing with her father who had died and as she had no source of income, hence the petition was preferred. It was also pleaded in the petition that earlier the petitioner had filed a suit for maintenance which was decreed but the execution proceedings preferred by her did not bear any fruit and the respondent had not been paying the maintenance. One daughter was born out of the said wedlock who was married by the petitioner and all the expenses were borne out by her. Husband -respondent contested the petition.

(2.) The trial Magistrate framed the following points for determination :

(1.) Whether the respondent has contracted second marriage and the petitioner was turned out by the respondent as alleged ?