GHEESU LAL Vs. BAGDI BAI

JUDGEMENT

(1.) This criminal miscellaneous petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter) is directed against this order dated 3-6-2004 passed by the Additional Sessions Judge, Nimbahera, district Chittorgarh (for short, "the Revisional Court" hereinafter) in Criminal Revision No. 31/2002, whereby the revision petition filed by the petitioner against the order dated 25-8-2001 passed by the Judicial Magistrate, Badi Sadri, Camp Mandaphiya, district Chittorgarh (for short, "the trial Court" hereinafter) was dismissed.

(2.) I have heard learned counsel for the parties. Carefully gone through the orders passed by the trial Court as well as the Revisional Court and also the record of the trial Court.

(3.) It is contended by the learned counsel for the petitioner that the non-petitioner is not entitled for any maintenance allowance as she has contacted marriage with one Mangi Lal Teli on 22-6-1995 and, therefore, after the marriage of non-petitioner with Mangi Lal Teli, the marriage between the petitioner and the non-petitioner stands dissolved. It is also contended that the non-petitioner, at her own, deserted the petitioner since she was not in a position to conceive and procure a child being impotent and, therefore, she deserted the petitioner about sixteen years ago.