PATUN BIBI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application has been preferred by the petitioners challenging the order dated 05.08.2006 passed by the learned Principle Judge, Family Court, Dumka, whereby the learned trial court has dismissed the petition filed under Section 125 Cr.P.C. of the petitioners herein.

(2.) The case of the petitioners in brief is that the petitioner no.1 is the legally wedded wife of the opposite party no.2 as per Muslim Law and a female child was born out of their wedlock, who is presently a minor. The further case of the petitioner no.1 is that she is a divorced lady and second wife of the opposite party no.2 and their marriage took place at the instigation of the first wife namely, Zaitun Bibi who was suffering from Psytica pain. It has been alleged by the petitioner no. 1 before the learned court below that after one year of conjugal life and birth of the petitioner no.2, the opposite party no.2 started torturing her at the instigation of the first wife- Zaitun Bibi. It has also been alleged that both the petitioners were subjected to cruelty.

(3.) On service of notice, the opposite party no.2 appeared before the court below and submitted his show cause in which he has challenged the very maintainability of the proceeding mainly on the ground that the opposite party no.2 is already a married person and he is living with his wife-Zaitun Bibi. It was specific assertion of the opposite party no.2 that he has never married with the petitioner no.1. The opposite party no.2 has further stated that he is having a very healthy conjugal life with his own wife-Zaitun Bibi and she is not suffering from 'psytica' as alleged. In sum and substance, the main defense of the opposite party no.2 is that he never married with the petitioner no.1.