BAIJAL TUDDU Vs. STATE OF BIHAR NOW JHARKHAND

JUDGEMENT

(1.) THIS revision application is directed against the order dated 15.12.1999 passed by the then 1st Additional Sessions Judge, Godda in Cr. Rev. No.41 of 1994/138 of 1998 whereby learned Additional Sessions Judge having set aside the order dated 13.4.1994 passed by the then Sub -divisional Judicial Magistrate, Godda in Cr. Misc.No.5 of 1987 whereby and whereunder an application filed under Section 125 of the Code of Criminal Procedure for maintenance by the petitioner was rejected, directed the petitioner to pay a sum of Rs.500/ - per month as maintenance to the opposite party no.2.

(2.) THE parties led their evidences in support of their cases. The petitioner in support of his case examined himself as O.P.W.4 wherein he is stated that while performing the rituals of the divorce known as " Chhora Chhori , he tore off Sakhua leaf and then poured water over it as per custom essentially to be performed for having divorce. The said assertion was corroborated by O.P.W.3, who is a resident of village -Jagatpur where divorce took place. On the said material, leaned Sub -divisional Judicial Magistrate did hold that after observation of the essential rituals, divorce was granted by the petitioner to the opposite party no.2 but this finding was reversed by the Additional Sessions Judge by holding that Jog Manjhi, who performed the formalities has not been examined by the petitioner.