MST. RAJ KANWAR Vs. BHANWAR SINGH

JUDGEMENT

(1.) Heard counsel for the parties and perused the material on record.

(2.) It is strange case of denying maintenance to a wife under Section 125 Cr.P.C, on the ground of a void marriage. The application under Section 125 Cr.P.C. was filed by the present petitioner before the trial court on 28.5.1987. In reply to the application, the factum of marriage has not been disputed so far. However, the allegations have been levelled against the petitioner wife in regard to her character. Even entering into third marriage has also not been disputed. It has been alleged that with the consent of the petitioner, the respondent husband got married to another woman which alleged to have been his third marriage. The document in regard to the divorce given by the petitioner has also been submitted, but the same has been denied by the petitioner in her statement. The document in regard to divorce by the petitioner to respondent husband has not been proved so far.

(3.) The trial court, considering the pleas of the respondent husband dismissed the application under Section 125 Cr.P.C. vide order dated 14.12.1990 and even the revisional court also dismissed the revision petition filed by the petitioner vide order dated 7.6.1994. Hence the present petition under Section 482 Cr.P.C. challenging both the orders passed by the courts below.