KACHARI Vs. VIJAY SINGH

JUDGEMENT

(1.) The instant miscellaneous petition has been filed by the petitioner challenging the order dated 6.8.2005 passed by the Judicial Magistrate, First Class, Pratapgarh rejecting the application filed by the petitioner under Sec. 125 Criminal Procedure Code, as affirmed in the revision by the learned Sessions Judge cum Special Judge, SC/ST Act Cases, Pratapgarh by his order dated 5.8.2006.

(2.) Succinctly stated, the facts of the case are that the petitioner filed an application under Sec. 125 Code Criminal Procedure on 21.3.1998 in the Court of the learned Judicial Magistrate, First Class, Pratapgarh alleging inter alia that she was married to the petitioner fifteen to sixteen years back but after her marriage with the respondent, he did not treat her properly and started treating her with cruelty physical as well as mental. It was also stated that the respondent contacted 'Nata' with another woman, viz. Urmila and from their relationship, five children were born who are living with the respondent. It was also stated in the application that the petitioner was turned out from her matrimonial home by the respondent about eight to nine years prior to filing of the application and the respondent, despite having sufficient means of income, neglected to maintain her and, thus, the application was filed with the prayer that the respondent should be directed to make payment of Rs.1,000.00 per month as maintenance to the petitioner.

(3.) On notice being issued, the respondent appeared before the learned Court below and submitted a reply to the application, as per which he denied the factum of marriage having been solemnized between him and the petitioner and submitted that as a matter of fact of marriage between the petitioner and the respondent had never been solemnized and that the respondent had only one wife namely Urmila, with whom he has been living since marriage.