RAJMANI DEVI Vs. HARI URAON

JUDGEMENT

(1.) This application is directed against the order dated 15.3.2004 passed in Cr.Rev.No.74 of 2001 whereby learned Sessions Judge, Lohardaga set aside the order passed in Misc. case no.13 of 1998 whereby the petitioner was awarded maintenance of Rs.500/- per month.

(2.) The petitioner by claiming herself to be the wife of opposite party no.2 Hari Uraon filed an application under Section 125 of he Code of Criminal Procedure before the learned Magistrate stating therein that she was married to Hari Uraon 12 years before. Out of their wedlock, three children born but in course of time, Hari Uraon started neglecting her and ultimately, threw her out of the house.

(3.) Harii Uraon the opposite party on putting his appearance submitted show cause wherein it has been stated that the petitioner Rajmani Devi never happens tobe his wife and that he is already married from before and does have two children from his wife Somari Uraon and therefore, the question of marring Rajmani Devi during subsistence of the marriage with his wife never arises as under the customs of Uraon 2 nd marriage is not permissible if the person is having issue from the first wife.