KRISHNA CHANDRA JERAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Mr. Ananda Sen, learned counsel appearing for the petitioner and Mr. R.P. Gupta, learned counsel appearing for opposite party No. 2.

(2.) FROM the judgment passed by the learned Judicial Magistrate, contained in Annexure -2, it appears that the proceeding under Sec.125. Cr PC initiated at the instance of the opposite party No. 2 herein, whereby she had prayed for grant of maintenance, was rejected on the ground that she failed to prove that she was legally wedded wife of the petitioner herein Krishna Chandra Jerai. It appears that the learned Magistrate after considering the evidence on record held that it was not proved beyond all reasonable doubt that the applicant was the legal wife of the petitioner herein.

(3.) THOUGH it was held by the learned Magistrate that there was no dispute with regard to the fact that both the parties lived together as husband and wife and three children were born out of their relationship but he rejected the prayer for grant of maintenance under Sec.125, Cr PC on the ground that she failed to prove that she was legally wedded wife of Krishna Chandra Jerai.