SHAKUNTLA DEVI Vs. SHIV CHARAN SANKHLA

JUDGEMENT

(1.) This petition under Section 482 Cr. P.C. is directed against the order dated 17/1/2003 whereby learned A.C.J.M. No. 2. Alwar dismissed the application under Section 125 Cr. P.C. for interim maintenance.

(2.) The relevant facts in brief are that the petitionerwife filed an application under Section 125 Cr.P.C. against her husbandrespondent with the averments that she was married to Shiv Charan in the year 1954 and one daughter was borne out of this wedlock. Her husband Shiv Charan retired from Government Service in the year 1995 and at that time she came to know that he has got relations with one Kamlesh and on raising objection by her, she was expelled by her husband from his house in June, 1996. Her husband having sufficient means has neglected to maintain her and she is unable to maintam herself. Vide another application, she made a prayer for interim maintenance at the rate of Rs. 500/- per month. A number of affidavits and some other documents were filed in support of this application.

(3.) The respondent husband in his reply denied his marriage with the applicant. He pleaded that he was married to Kamlesh and has got three sons out of that marriage. It was also stated that name of Kamlesh as his wife has been recorded in Government Service record and he had no relation whatsoever with Smt. Shakuntla Devi. A number of affidavits in support of this reply were submitted.