VIJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the non-petitioner Nos. 2-4.

(2.) This petition under section 482 of Criminal Procedure Code has been filed against the order passed by the learned Sessions Judge, Pali in Vijay Singh v. Sugan Kanwar and others. By the aforesaid order the learned Sessions Judge, Pali rejected the Revision Petition No. 3/94 filed by Vijay Singh against the grant of interim maintenance allowance to his two minor children and partly allowed the Revision Petition No. 4/94 filed by Smt. Sugan Kanwar. The learned Sessions Judge gave a direction to the Magistrate that he would give a finding about the question whether the customary marriage by Nata is prevalent in the community of parties and whether the non- petitioner No. 2 had been divorced from her husband according to the custom prevalent in the community.

(3.) It appears that a petition under section 125 of the Criminal Procedure Code was filed in the Court of the learned Magistrate for grant of maintenance under section 125 of the Criminal Procedure Code. The learned Magistrate by his order dated 31st January 1994 considered the question of grant of interim maintenance allowance. He refused to grant interim maintenance allowance to Smt. Sugan Kanwar, who alleges that she is legally married wife of petitioner Vijay Singh but the learned Magistrate granted interim allowance to Sajjan Singh and Dharmendra Singh, who minor children of Sugan Kanwar. It is not seriously disputed by Vijay Singh that he is their father. Being aggrieved by the order refusing to grant interim maintenance allowance to her Smt. Sugan Kanwar filed a Revision Petition No. 4/94 and being aggrieved by the order granting interim maintenance allowance to Sajjan Singh and Dharmendra Singh. The petitioner Vijay Singh filed the Revision Petition No. 3/94. The learned Sessions Judge rejected the revision petition filed by Vijay Singh and remanded the case to the Judicial Magistrate so far as the revision petition filed by Smt. Sugan Kanwar was concerned.