RUMA DEVI Vs. BHILLO RAM

JUDGEMENT

(1.) Chander Bhusan Barowalia, Judge The present petition, under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, has been maintained by the petitioner for quashing and setting aside the impugned judgment dated 27.9.2018, passed by the learned Additional Sessions Judge, Chamba, District Chamba, in Cr. Appeal No.793 of 2018, whereby he partly allowed the appeal maintained by the respondent against the order dated 13.6.2018, passed by the learned Court below.

(2.) The key facts, giving rise to the present petition are that petitioner (hereinafter referred to as 'aggrieved person') is the legally wedded wife of the respondent and their marriage was solemnized as per the Hindu rites and custom and they have started living together, as husband and wife. After the marriage, the petitioner discharged her matrimonial obligations towards the respondent and three children were born out of the said wedlock.

(3.) The respondent has contested and resisted the petition by filing reply taking preliminary objections of maintainability, estoppel, distortion of material facts. On merits, the respondent has admitted that the relationship between the petitioner remained discordial. The respondent has denied the allegations that he developed illicit relations with Smt. Shivo and has stated that she is his legally wedded wife and his marriage with her was solemnized with the permission and consent of the petitioner-aggrieved person. The respondent has claimed that she has also handed over substantial portion of land to the petitioner aggrieved person and she is deriving income therefrom. The respondent has rightly and legally appointed Smt. Shivo for receiving the service benefits, as she is a family member and is fully competent for such nomination. The respondent has admitted that he has retired as a teacher, but all other averments qua his monthly income have been denied.