BALDEV SINGH Vs. RAJ KUMARI

JUDGEMENT

(1.) A petition under Section 125 Cr.P.C. was filed by the respondent for the maintenance as against the petitioner before the learned trial Court. In reply, the respondent denied the factum of marriage. During the pendency of the petition, a petition under Section 125(1) Cr.PC. was filed by the respondent for grant of interim maintenance. Learned trial Court after taking reply from the petitioner and hearing the parties, dismissed the petition for grant of interim maintenance mainly by observing that the present petitioner has denied that the applicant was his legally wedded wife. C5n revision, those findings were set aside by the learned Sessions Judge who granted interim maintenance at the rate of Rs. 5,000/ - RM. in favour of Mrs. Raj Kumari. Being aggrieved, the present petition has been filed by the petitioner.

(2.) I have heard the learned Counsel for the parties and have gone through the record.

(3.) THE decision in Savitaben Somabhai Bhatiya V/s. Slate of Gujarat and Ors. , shows that term 'wife ' cannot be enlarged to include woman not lawfully married.