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1991 Supreme(MP) 67

S.K.CHAWLA
PHOOLO BAI JOGE – Appellant
Versus
BEERO – Respondent


Advocates Appeared:
INDIRA NAIR, RAMA GUPTA

S. K. CHAWLA, J.

( 1 ) A woman claiming to be wife has brought this revision from an order dismissing her application u/s. 125, Cr. P. C. for maintenance.

( 2 ) IT is not in controversy that applicant Phulobai lived with non-applicant Beero in the latter's house in Nandini, Bhilai at least for 12 years or so. Some years back, Beero has brought another woman named Kamlawati alias Tulabai from whom he has also got a child. Applicant Phulobai is childless.

( 3 ) THE case of the applicant was that she was legally married wife of non applicant Beero. She was beaten and forcibly turned out of the house by the non-applicant in the year 1979, whereafter the applicant is living with her brother Chhabilal. She is unable to maintain herself.

( 4 ) THE defence of the non-applicant was that applicant Phulobai was married to one Parthiba of' village Kharpadar. She ran away from her husband and came to Bhilai in the year 1961. The applicant merely worked as a maid servant to scrub utensils at the house of the non-applicant. Kamlawati is the non-applicant's legally married wife and not a keep, as wrongly described by the applicant in her petition.

( 5 ) SMT. Maitroyi Shrivastava, Judicial Magistra











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