VIDHYA DEVI Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant revision petition has been preferred by the petitioner Smt. Vidhya Devi against the order dated 20.1.2012 passed by the learned Additional Sessions Judge, Sri Karanpur, District Sri Ganganagar in Criminal Revision No. 1/2012 preferred by the respondent No. 2 Jeet Ram, husband of the petitioner, setting aside the order dated 19.10.2011 passed by learned Additional Chief Judicial Magistrate, Sri Karanpur in Criminal Case No. 316/2010 whereby the learned Magistrate directed the respondent No. 2 to make payment of maintenance to the petitioner to the tune of Rs. 2,500/- per month.

(3.) The petitioner was married to the respondent No. 2 about 11 years before the application in question came to be filed. After being alleged turned out of the matrimonial home, the petitioner filed an application under Section 125 Cr.P.C. against the respondent No. 2 claiming maintenance. The respondent No. 2, upon appearance, took a stance that he had not married the petitioner at all and instead, the petitioner had been married with a person named Ram Lal. She had not divorced Ram Lal as per law and thus, the application for maintenance filed under Section 125 Cr.P.C. was not maintainable. The petitioner examined herself and one more witness in support of her case whereas the respondent No. 2 examined himself in counter thereto.