GEETA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by the order dated 24.8.2007 passed by Addl. Sessions Judge, Parbatsar (Nagaur) in Revision Petition No. 28/2005, upholding the order dated 26.2.2005 in Cr. Case No. 12/2001 (190/1999) whereby the ACJM, Makrana partially accepted the application for grant of maintenance under Sec. 125 Cr.P.C. in respect of petitioner's daughter but rejected the prayer in respect of Smt. Geeta, she being not legally married wife of the respondent No.2 Birbal S/o Bhanwar Lal Bawri; the petitioner Geeta Devi has filed this Criminal Misc. Petition under Section 482 Cr.P.C.

(2.) THE petitioner Smt. Geeta Devi said to have married with the respondent No.2 Birbal S/o Bhanwar Lal Bawri on 2.7.1990 before the Marriage Officer, Pargana Etawah and out of their wedlock, one daughter Priyanka was born. It is alleged that the respondent Birbal has deserted the petitioner and has not been looking after them for long.

(3.) LEARNED counsel for the petitioner contended that petitioner Geeta Devi is legally married wife of non-petitioner No.2 Birbal and the factum of marriage is proved, so she is entitled to receive maintenance from the non-petitioner No.2. He further contended that the impugned orders are against the provisions of Sec. 125 Cr.P.C. the same deserves to be dismissed and the maintenance should be awarded in favour of petitioner Geeta Devi.