LAL, J. - (1.) THIS revision petition under Section 397 read with Section 401 Cr. P. c. is directed against the order dated 22. 2. 2005 passed by the learned Additional District & Sessions Judge No. 2, Bharatpur in criminal Revision No. 60/2003 whereby the revision petition has been allowed and the order dated 15. 2. 1997 passed by he learned A. C. J. M. No. 1, Bharatpur dismissing the application filed by non-petitioner Mst. Sharda u/sec. 125 Cr. P. C. has been set-aside and Mst. Sharda has been awarded Rs. 1000/- per month and her child Rs. 500/- per month as maintenance from the date of filing of said application.
(2.) BRIEFLY stated, the relevant facts of the case are that Mst. Sharda filed an application under Section 125 Cr. P. C. before the Court of learned A. C. J. M. No. 1, Bharatpur on 2. 7. 1994 with the averments that her marriage was solemnized with the petitioner some 15 years ago as per the Hindu rites. her elder sister was also married to Samanta, the elder brother of the petitioner. Her Gona ceremony took place after about 9 years of her marriage. She gave birth to a male child Nem Singh who is aged about 7 years. The petitioner, it is alleged, is a drunkard and a loose charactered person having illicit relations with other ladies. He eloped with one Geeta about one and half months ago. He along with other members of his family ousted her from the house after beating her. The Village Panchayat tried to persuade the petitioner to keep her with him but he refused to do so claiming that he was not married to her. He has filed a petition for annulment of the alleged marriage wherein he has also denied paternity of the child born to her. The petitioner contested the application and in his reply, he has alleged that Mst. Sharda, was married in Village Sikri. Her husband expired. Thereafter, she had been residing with her sister Smt. Lachcho and her husband Samanta who in order to grab his share in the property instigated her to file such an application against him. he has, therefore, prayed that the application may be dismissed. The wife examined herself and six witnesses in support of her application, while husband examined himself and nine witnesses and got exhibited documents Exh. NA-1 to Exh. NA-4 in rebuttal. After hearing both the parties in detail the trial Court dismissed the application vide order dated 15. 2. 1997 holding that the wife Mst. Sharda had failed to prove her marriage with the petitioner. The revision petition filed by Mst. Sharda was however allowed. The order of the trial Court was set-aside. Mst. Sharda was awarded maintenance as indicated above. Hence, this revision. I have heard learned counsel for the parties.
(3.) MST. Sharda AW-1 is the applicant herself, Sheoji AW-2 is her father, lachcho AW-3 is her sister and Samanta AW-4 is her brother-in-law. Being closely related they are all interested witnesses. So, their evidence will have to be scrutinized minutely and carefully in the light of the checks and balances available on record. Mst. Sharda AW-1 has stated that she was married to Ramesh about 15-16 years ago. Her Gona ceremony was performed after 8 years of her marriage. She has a son from Ramesh. He turned her out of the house about 2 years ago. Since then she has been residing with her brothers Jal Singh and Omprakash. Her father resides in Chhatarpur. She and her sister Lachcho were married on the same day. At the time of her marriage, she was 8-9 years of age. At the time of her Gona 50-60 Kumhars of Kaithwada had come. She has categorically admitted that she did not make any report about the alleged illicit relations of Ramesh with Geeta. She did not tell about this even to her brother-in0law or to her parents. She did not lodge any report about beating/maltreatment meted out to her by Ramesh. She was not there in the Panchayat which was held after she was turned out of the house by Ramesh. Her father Sheoji AW-2 has stated that Mst. Sharda was married to Ramesh 15-20 years ago. her Gona ceremony took place after 7 years of her marriage. She has a son from Ramesh. mst. Sharda has been residing in her parental house in Chhatarpur for the last two years. In his cross-examination, he has admitted that Gona ceremony of both his daughters namely; Mst. Sharda and Lachcho took place separately. At the time of Gona, 15-16 persons including Narain and Manohar had come. ;