RAJMANI DEVI Vs. HARI URAON

JUDGEMENT

(1.) This application is directed against the order dated 15.3.2004 passed in Criminal 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 off 500/- per month. 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.

(2.) 'Harii Uraon the opposite party on putting his appearance submitted show cause wherein it has been stated that the petitioner Rajmani Devi never happens to be 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 marrying Rajmani Devi during subsistence-of the marriage with his wife never arises as under the customs of Uraon 2nd marriage is not permissible if the person is having issue from the first wife.

(3.) Learned Magistrate having accepted the plea of the petitioner, Rajmani Devi did hold that Rajmani Devi is the legally wedded wife and accordingly, passed an order for grant of maintenance of L 500/- per month. That order was challenged before the Revisional Court and the Revisional Court having found that it has been admitted by Rajmani Devi that she is the 2nd wife set aside the order after holding that as per customary law of Uraon community, 2nd marriage is not permissible.