ROOPSI ALIAS ROOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- This misc. petition under Section 482, Cr. P.C. is directed against the judgment dt. 24-4-98 passed by the learned Sessions Judge, Dungarpur whereby he while setting aside the order passed by the Chief Judicial Magistrate held that the respondent Smt. Ganga was entitled to maintenance from her husband @ 500/- per month from the date of application.

(2.) The short facts of the case are that on 16-1-96 Smt. Ganga (respondent) made an application before the Chief Judicial Magistrate for the grant of maintenance allowance with the allegations that she was married to Roopsi alias Roop Singh some 17 years back and that as there was no issue to the wedlock Roopsi started giving beatings to her and turned her out of the matrimonial home. It was also stated that she had even given her consent to Roopsi to marry some other lady yet the husband was causing cruelty to her. In the reply, it was averred that Ganga was already married to someone and she had contacted 'Nata' marriage with Roopsi. It was stated that Ganga was of easy virtues and was quarrelsome. It was also stated that she was herself earning Rs. 25/- per day as wages.

(3.) In support of her application Smt. Ganga entered into the witness box and examined P.W. 2 Taju and P.W. 3 Deva. In rebuttal, Roopsi examined D.W.1 Ramji and D.W. 2 Vaga. After hearing the counsel for the parties, the Chief Judicial Magistrate held that since there was no valid marriage to the parties, Ganga was not entitled to maintenance. The revision petition preferred against that order was allowed by the Sessions Judge holding that even 'Nata' wife was entitled to maintenance from her husband.