RABINDRA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.P.P. for the State, as also learned counsel for the opposite party No. 2, who had filed the application under Section 125 of the Cr. P.C., in the Court below, claiming herself to be the legally wedded wife of the petitioner. The petitioner is aggrieved by order dated 17.12.2007 passed by the learned Sub-Divisional Judicial Magistrate, Palamau at Daltonganj, in Misc. Case No. 32 of 1999/ T.R. No. 1336 of 2007, whereby, the petitioner has been held to be the husband of the opposite party No. 2, having a son from the wedlock and he was directed to make the payment of Rs. 800/- per month to the opposite party No. 2 for her maintenance.

(2.) It appears from the impugned order that the proceeding under Section 125, Cr. P.C., was initiated on the basis of the application filed by the opposite party No. 2 herein, wherein she claimed to be the legally wedded wife of the petitioner. It is stated in the petition that she was married to this petitioner as per Hindu rites and customs about twenty years ago and out of the wedlock, she was blessed with a son who is about 15 years old. It is alleged in the petition that she was subjected to cruelty and torture and ultimately, she was ousted from her matrimonial house. Subsequently, the petitioner married with another lady and he is living with her. She further claimed that she had no means to maintain herself, where as her husband had sufficient means and accordingly, the application was filed in the Court below, claiming maintenance from the petitioner.

(3.) The petitioner appeared in the Court below and filed his show-cause, wherein, the marriage between the parties has been denied. The case of the petitioner is that he never married the opposite party No. 2 and had no concern with her. In his show-cause, the petitioner has stated that he was actually married with one Gauri Devi in the year 1964 itself, from whom, the petitioner had three sons and two daughters, aged between 10 years to 35 years. The petitioner himself is aged about 70 years, leading a retired life. After the death of his first wife, the petitioner married another lady namely, Parwati Gupta, from whom also, one son and one daughter were born. It is the specific case of the petitioner that the opposite party No. 2 was manned with another man namely, Rameshwar Sao, son of Ram Chandra Sao, and accordingly, the very marriage between the parties was denied.