Court No. - 28
Case :- CRIMINAL REVISION No. - 3130 of 2014 Revisionist :- Champa Devi Opposite Party :- The State Of U.P. And Another Counsel for Revisionist :- S.S. Srivastava Counsel for Opposite Party :- Govt.Advocate,Ajay Kumar Banerji
Hon'ble Umesh Chandra Tripathi,J.
List has been revised. Learned counsel for the revisionist is not present to argue the case.
Heard learned counsel for opposite party no. 2 and learned A.G.A. for the State of U.P. and perused the record.
This revision has been preferred against the judgment and order dated 09.09.2014 passed by Principal Judge, Family Court, Kaushambi, whereby the application of applicant-revisionist Champa Devi under Section 125 of the Code of Criminal Procedure (in short 'Cr.P.C.') was rejected on the ground that she is not the legally wedded wife of opposite party no. 2 Uma Shanker Mishra.
As per version of the applicant Smt. Champa Devi in her application under Section 125 of Cr.P.C., she was legally wedded wife of opposite party no. 2 Uma Shanker Mishra. She was married to him 30 years ago. Opposite party no. 2 Uma Shanker Mishra solemnised his second marriage with another woman, whereafter Uma Shanker Mishra told the applicant- revisionist to go to her paternal home, due to which she started living in her paternal home. She is unable to maintain herself. Opposite party no. 2 Uma Shanker Mishra is a teacher in some primary school. His income is about Rs. 1,00,000/- per annum.
P.W.2 Radhey Lal, who has been examined by the applicant- revisionist Champa Devi, has admitted in this cross- examination that Champa Devi was married to Daya Shanker, brother of opposite party no. 2 Uma Shanker Mishra. After death of Daya Shanker Mishra, she was married to Uma Shanker Mishra and thereafter, they started living as husband and wife. He further admitted in his cross-examination that opposite party no. 2 Uma Shanker Mishra is brother-in-law ('jeth') of applicant-revisionist. Uma Shanker Mishra has also proved this fact that Champa Devi is wife of his younger brother Daya Shanker. From the wedlock of applicant- revisionist Champa Devi and Daya Shanker, one male issue Ravi Shanker was born. Opposite party no. 2 Uma Shanker Mishra stated that he never married with applicant-revisionist Champa Devi.
On the basis of the aforesaid evidence, learned court below held that applicant-revisionist Champa Devi is not the legally wedded wife of opposite party no. 2 Uma Shanker Mishra.
Finding of the trial court is supported by evidence and is not perverse. I find no illegality or infirmity in the well-reasoned order passed by the court below.
Resultantly, the instant revision is dismissed. Order Date :- 28.5.2018 I. Batabyal