SESA RAM Vs. TEEJA

JUDGEMENT

(1.) THIS miscellaneous petition is directed against the order dated April 26, 1990, passed by the Sessions Judge, Pali, by which the learned Sessions Judge dismissed the revision petition filed by the petitioner Sesa Ram.

(2.) SMT . Teeja W/o Sesa Ram filed an application under Section 125 Cr.P.C. in the Court of the Munsif and Judicial Magistrate, First Class, Sojat, on the ground that she was illtreated by her husband, was turned out from the house and thereafter the non -applicant Sesa Ram contracted second marriage. This application was contested by the husband. The averments made in the application were denied. The factum of ill -treatment, turning the wife from the house as well as of the second marriage were denied. The applicant, in support of its case, examined herself as AW 1 and, also, examined Chatra Ram as AW 2 and Hari Ram as AW 3. The husband non applicant did not produce any evidence in support of his case though sufficient opportunities were given to him.

(3.) THE main contention raised by the learned Counsel for the petitioner is that no opportunity was given to the petitioner to rebut the case of the applicant and the learned trial Court arbitrarily closed his evidence. The learned Counsel for the petitioner further contended that the petitioner never neglected or refused to maintain the wife. He has, also, submitted that he never contracted second marriage.