PANDYA - (1.). The present petitioner had succeeded in getting maintenance in the Court of J.M.F.C. at Khambat in Criminal Misc. Application No. 108 of 1983. The amount awarded to her was Rs. 150.00 per month. However, the matter was pursued before the learned District Judge at Kheda where in Revision Application No. 148 of 1985, the learned Additional Sessions Judge by his judgment dated 4-2-1987 came to the conclusion that the petitioner would fail as she is not a legally wedded wife of the respondent.
(2.). In the petition the petitioner had clearly stated before the learned Magistrate that her marriage with the respondent took place somewhere in the year 1982 and thereafter they have been staying together as husband and wife, and they have no issue. To this, the respondent-Husband has filed a reply before the trial Court at Exh. 8 in which he admits the cohabitation, but refuses a regularly solemnized marriage with the petitioner. He has also come out with a case that he had married with Bai Dahi somewhere in the year 1967 and they have a son and a daughter living of that marriage and of the said two children, son was born on 3-10-1970 and daughter was born on 25-9-1972. For some time said Bai Dahi has left marital home and because of her relatives and at their instance, the present petitioner had come to stay with the respondent and they stayed together as husband and wife. Once this stand of the husband is appreciated the evidence on record of photographs, rationcard where the name of the petitioner is shown as wife of the respondent and other related documents like E.S.I. card etc. would straightaway be understood.
(3.). The learned Magistrate had relied on the admission in form of previous deposition on oath by the husband in a Criminal Maintenance Application filed by the said first wife Dahi. Certified copy of the deposition is produced before the trial Court at Exh. 70. Now, with regard to entering into the question whether by way of a contradiction the entire deposition could have been brought on record and exhibited, so far as the admission part is concerned, it has been relied on by both the sides, of course, subject to their contentions in that regard and therefore, we will read said Exh. 70 as it is.