- (1.)THIS judgment will dispose of Criminal Revisions Nos, 23 and 34 of 1981 since they arise out of the same iudgment.
(2.)THESE revisions arc directed against the judgment of Sessions Judge, Simla, holding that the marriage being void the wife could not claim maintenance under Section 125 of the Criminal P. C.
(3.)RATTAN Devi (referred to as the wife) filed an application under Section 125 of the Criminal P. C. against Padam Singh Kapoor (referred to as the husband) claiming maintenance for herself and her 5on, named Bishan Kapoor, aged about 6 years. It was averred that the husband was working as a teacher in 1968 in village Meber, Tehhil Kalpa, District Kinnaur. The parties came to know each other. The husband married the wife according to the customs of Kinnaur. The custom consists of a male dragging away successfully a female in a dance which results into a marriage. The wife further averred that she had lived with the husband as his wife for a number of years, that is, between 1968 to 1977. When the husband was transferred out of Kinnaur, he left the wife and refused to maintain her and their son Bishan Kapoor.
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