AKSHAY KUMAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Cr.M.P. has been filed for quashing the order dated 25.7.2001 passed in Cr. Rev. No. 61 of 1996 by the 1st Additional Session Judge, Dumka, whereby the order dated 30.3.1996 passed by the then SDJM, Dumka in Misc. Case No. 29 of 1994, by which the learned SDJM has granted maintenance allowance to O.P. No. 2, Satyawati @ Putul Devi @ Rs. 200 per month from April, 1994 and Rs. 100 to her minor daughter, has been affirmed and the revision filed by the petitioner was dismissed. It is submitted that the O.P. No. 2 is not the legally married wife of petitioner. In order to compel him to marry, case was filed against him and this case has also been lodged with false allegation that Satyawati @ Putul Devi is his wife and she has delivered a female child out of the wedlock.

(2.) Counsel for the State as well as the O.P. No. 2 opposed the prayer.

(3.) I have gone through the impugned order dated 25.7.2001 passed in Cr. Rev. No. 61 of 1996 and order dated 30.3.1996 passed by learned SDJM in Misc. Case No. 29 of 1994. In order to prove factum of marriage, the opposite party No. 2 has examined altogether 5 witnesses including the Priest who had performed the marriage between the petitioner and the O.P. No. 2. Save and except denial, the petitioner has failed to prove that no marriage between him and O.P. No. 2 has ever been solemnized. On this ground he has challenged the impugned order.