RAMESH ALIAS PAPPU Vs. SHARDA

JUDGEMENT

(1.) THIS revision petition under Section 397 read with Section 401 Cr. P. c. is directed against the order dated 22. 2. 2005 passed by the learned Additional District & Sessions Judge No. 2, Bharatpur in criminal Revision No. 60/2003 whereby the revision petition has been allowed and the order dated 15. 2. 1997 passed by he learned A. C. J. M. No. 1, Bharatpur dismissing the application filed by non-petitioner Mst. Sharda u/sec. 125 Cr. P. C. has been set-aside and Mst. Sharda has been awarded Rs. 1000/- per month and her child Rs. 500/- per month as maintenance from the date of filing of said application.

(2.) BRIEFLY stated, the relevant facts of the case are that Mst. Sharda filed an application under Section 125 Cr. P. C. before the Court of learned A. C. J. M. No. 1, Bharatpur on 2. 7. 1994 with the averments that her marriage was solemnized with the petitioner some 15 years ago as per the Hindu rites. her elder sister was also married to Samanta, the elder brother of the petitioner. Her Gona ceremony took place after about 9 years of her marriage. She gave birth to a male child Nem Singh who is aged about 7 years. The petitioner, it is alleged, is a drunkard and a loose charactered person having illicit relations with other ladies. He eloped with one Geeta about one and half months ago. He along with other members of his family ousted her from the house after beating her. The Village Panchayat tried to persuade the petitioner to keep her with him but he refused to do so claiming that he was not married to her. He has filed a petition for annulment of the alleged marriage wherein he has also denied paternity of the child born to her.

(3.) MST. Sharda AW-1 is the applicant herself, Sheoji AW-2 is her father, lachcho AW-3 is her sister and Samanta AW-4 is her brother-in-law. Being closely related they are all interested witnesses. So, their evidence will have to be scrutinized minutely and carefully in the light of the checks and balances available on record.