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1985 Supreme(SC) 27

RANGANATH MISRA, P.N.BHAGWATI
Sumitra Devi – Appellant
Versus
Bhikan Choudhary – Respondent


Advocates:
G.S.MISHRA, M.P.Jha

Judgment

RANGANATH MISRA, J. :- Appellant filed an application for maintenance under S. 125 of the Code of Criminal Procedure for herself as also a minor daughter alleging that she had been married to the respondent some time in 1971 and out of the wedlock the child had been born. She further alleged that the fact that the respondent was already married and his spouse was living was not known. After the discovery of the previous marriage of the respondent the relationship between the parties gradually became strained and ultimately the respondent started totally neglecting the appellant and refused to maintain her. She had, therefore, no option left but to ask for maintenance for herself as also for the child.

2. The respondent did not dispute the marriage as a fact though he pleaded that such marriage was void. According to him the appellants father was the local Gram Rakhi and taking advantage of his position and presence in the village he had prevailed upon the respondent to enter into marriage with the appellant. The respondent later came to discover that the appellant was already carrying being pregnant for about three months and on discovery of this fraudulent conduct of the ap





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