RESHMA RAM Vs. DEVI BAI

JUDGEMENT

(1.) THIS misc. petition has been filed against the order of the revisional court whereby the order of the Magistrate granting maintenance to the wife was upheld. The principal argument of learned Counsel for the petitioner is that respondent Devi Bai is not the wife of the petitioner and since she is not wife, no maintenance could be granted to her. Liability of petitioner would arise only if respondent Devi Bai is held to be his wife. The finding of holding respondent as wife cannot be recorded in the proceedings under Section 125 Cr.P.C. because earlier there was a criminal prosecution launched against the petitioner whereby the petitioner was prosecuted under Sections 498-A and 406 IPC. These proceedings were terminated against the complainant by giving benefit of doubt to the petitioner. In those proceedings, it was held that fact of marriage with the respondent has not been proved.

(2.) LEARNED counsel for the petitioner raises the question that issue estoppel comes into play since question of marriage of petitioner with respondent has already been decided in criminal trial and decision of criminal trial has been produced as Ex.D/1. He relies on Supreme Court decision reported in AIR 1974 SC 28, Masud Khan v. State of Uttar Pradesh wherein it has been held that an issue which has already been decided cannot be re-agitated.

(3.) I have considered the arguments of learned Counsel for the parties and case law cited by them.