HARISH Vs. STATE OF RAJ

JUDGEMENT

(1.) THIS revision petition has been filed against the order 17.11.2012 whereby the custody of wife Vimla has been denied to the present petitioner.

(2.) THE contention of the present petitioner is that he has solemnized the marriage with prosecutrix Vimla and she has also narrated the same story in her statement under Section 164, Cr.P.C. An application has been moved by him to have the custody of his wife which has been rejected and she has been sent to the Nari Niketan which is perverse and reliance has been placed on Bhaga Ram v. State of Rajasthan & ors. (2009(1) wherein it has been held as under:-

(3.) IN view of the above, this revision petition is allowed and the impugned order is hereby quashed and set aside. The prosecutrix should be given in the custody of the present petitioner.