Decided on October 13,1988

Jula Minz Appellant
Kemet Minz Respondents


V. Gopalaswamy, J. - (1.) THIS revision is preferred against the judgment dated 29.3.1984 passed by the Judicial Magistrate, First Class, Panposh at Uditnagar, in Criminal Misc. Case No. 295 of 1981 rejecting the petition filed by the Petitioner under Section 125 Code of Criminal Procedure claiming maintenance for herself and the minor child from the opposite party.
(2.) THE Petitioner's case may be briefly stated thus: The Petitioner Jula Minz is the legally married wife of opposite party Kemet Minz and both are Christians and they were married in December, 1979 and they lived a happy married life and but of their wedlock a daughter was born to them in August, 1981. The opposite party refused to maintain the Petitioner since March, 1981 and even after the daughter was born to the Petitioner, he refused to maintain the Petitioner and the child, when the Petitioner was compelled to file the petition under Section 125 Code of Criminal Procedure. The case of the opposite party is that he never came in contact with the Petitioner and so the question of his marriage with her does not arise for consideration.
(3.) ON the finding that the Petitioner failed to prove her marriage with the opposite party and that she lived with him as his wife for one year, the learned Magistrate rejected her petition under Section 125, Code of Criminal Procedure praying for the maintenance of herself and the child.;

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