SAMILA DEVI Vs. SHANKAR DASS

JUDGEMENT

(1.) The petitioner is the wife of the respondent, the marriage of the parties having taken place on 26 Ashad 2030 Bk equivalent to the year 1973 A. D. The petitioner filed maintenance application under section 123 of the Code of Criminal Procedure praying for the maintenance at the rate of Rs. 200/ - per month from the respondent. The respondent in his reply denied the fact of marriage, and also alleged that the petitioner was not entitled to any maintenance as she was living in adultery.

(2.) The case of the respondent is that about 5 1/2 months after the marriage the petitioner gave birth to a child and, therefore, this child could not be the child of the marriage. According to the respondent, therefore, the petitioner should be presumed to be living in adultery and hence not entitled to any maintenance.

(3.) During the course of the evidence which was offered by the parties, the respondent husband admitted the fact of Magistrate, therefore, considered this admission along with other evidence which was produced in the case in proof of the marriage and came to the conclusion that the petitioner wife had successfully proved that the marriage between the parties took place on 26 Ashad 2030 Bk.