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2016 Supreme(Del) 3359

PRATIBHA RANI
BINDA DEVI – Appellant
Versus
DABBOO YADAV @ SANJEEV YADAV – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.S.Sethi, Advocate with petitioner in person
For the Respondent:Mr.Nitin Yadav, Advocate

JUDGMENT :

PRATIBHA RANI, J.

Crl.M.A. No.4307-4308/2015

1. For the reasons stated in the application 395 days delay in filing and 395 days in re-filing the appeal is condoned.

2. Application stands disposed of.

CRL.REV.P. 176/2015

1. The revisionist is aggrieved by the order dated December 01, 2012 whereby the petition filed by her against the respondent Dabboo Yadav @ Sanjeev Yadav to seek maintenance, claiming herself to be his wife, was dismissed by the learned Judge, Family Court.

2. In this revision petition she has also assailed the order dated January 29, 2013 whereby the learned Judge, Family Court dismissed the review application filed by her.

3. Admittedly there is no documentary evidence to prove the relationship of husband and wife between the parties. While disposing the application under Section 125 Cr.P.C. learned Judge, Family Court has recorded the following reasons:

“Interestingly, Smt. Binda Devi (Petitioner No.1) has claimed in her petition that she was married to Sh.Surender Rai. She came to Delhi with him, fifteen years before filing the present petition (i.e. in the year 1989 – since the petition was filed in the year 2004). She, allegedly, lived as a tenant with Sh.S









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