DURGA DASS Vs. ANJU DEVI

JUDGEMENT

(1.) Smt. Anju Devi and her daughter baby Guria on 20.9.1999 filed an application under Section 488 CrPC against Shri Durga Dass-petitioner herein, before Judicial Magistrate 1st Class (JMIC) City Judge, Jammu, for grant of maintenance allowance. The case set up against the present petitioner was that Smt. Anju Devi was legally wedded wife of the petitioner and baby Guria was born out of the wedlock. It was further pleaded that the petitioner though possessed of sufficient means had neglected to maintain his wife and minor daughter, who had no source to fall back upon. Smt. Anju Devi also pleaded that she was carrying a child of the petitioner and the petitioner was also under an obligation to maintain the child on his/her birth. Smt. Anju Devi gave birth to male child, during pendency of the application. It was alleged that the petitioner was having illicit relations with the lady named in the application and that on her objection the petitioner threw out his wife and minor daughter from its house.

(2.) The application was resisted by the present petitioner on the grounds that Smt. Anju Devi was not his legally wedded wife and her minor daughter was not legitimate child of the petitioner. The petitioner alleged that Smt. Anju Devi having relations with another person, and was leading an adulterous life. The petitioner admitted that on divorcing his wife, he had shown interest in marrying Smt. Anju Devi and conveyed it to her brother in law; that Smt. Anju Devi and her brother in law on the basis of interest shown by the petitioner had hatched conspiracy to declare the petitioner as husband of Smt. Anju Devi, so as to burden him with the obligation to maintain her and her minor daughter. Smt. Anju Devi to prove that she was legally wedded wife of the petitioner and her two children born out of the wedlock examined five witnesses including Chowkidar and Lambardar of the Village. The petitioner on the other hand examined four witnesses to substantiate his stand.

(3.) The Trial Magistrate on going through the evidence brought on the file concluded that the petitioner and Smt. Anju Devi solemnised marriage at Talwara Reasi and that the petitioner while entering into wedlock with Anju Devi had concealed from Anju Devi that his marriage with Rita Devi was subsisting. Learned Trial Magistrate also arrived at the conclusion that two children were born out of the wedlock. Learned Trial Magistrate accordingly, held the marriage between petitioner and Anju Devi to be void inasmuch as the marriage was contracted when the petitioner had a spoused living and his marriage with Rita Devi was subsisting.