MITHILA MANJHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision has been directed by the petitioner against the order dated 2nd June, 1998 passed under Section 125, Cr.P.C. in Maintenance Case No. 9 of 1997/T.R. 269 of 1998 by Sri Jagannath Rai, J.M. 1st Class, Khunti whereby and whereunder the claim of maintenance of the petitioner was dismissed.

(2.) THE facts given rise to this revision are as follows. The petitioner claims herself to be the legally wedded wife of O.P. No. 2 Shanker Manjhi, their marriage having been solemnized in accordance with Hindu religion and rites on 29.5.1973 at Khuntitoli, P.S. Khunti, District Ranchi and the petitioner thereafter went to her matrimonial home in the company of O.P. No. 2 where she led her conjugal life. It is alleged that the O.P. No. 2 is in the service at Delhi where he lives and he used to come to his house whenever there is leave and he used to tell to the petitioner that he will take her to Delhi after making proper arrangement of abode there along with his mother. The mother of O.P. No. 2 has died and thereafter O.P No. 2 has left coming to his house and the petitioner could not be blessed with any issue and O.P. No. 2 has also neglected to maintain her. Finding no way out the petitioner returned to his parents house. The petitioner claims to have no source of livelihood whereas O.P. No. 2 is a senior scientist having a monthly income of Rs. 15,000/ -.

(3.) THE learned Court below in view of the evidence oral and documentary on the record has dismissed the claim of the petitioner for maintenance on the ground that the petitioner has failed to prove the fact of her marriage with O.P. No. 2 and as such she is not at all entitled to claim maintenance from him.