IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.448 of 2009

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Rekha Devi, wife of Bishwanath Prasad Singh, daughter of late Shesh

Narayan Singh, resident of village Balha, P.O. Tharma via Kewtsaw Baruari

P.S.Gaighat, District Muzaffarpur, at apresent residing in village + P.O. +

P.S.Kamtaul, District Darbhanga

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Bishwanath Prasad Singh, son of Sri Narayan Singh, resident of village

Balha, P.O. Tharma via Kawlswa, P.S.Gaighat, District Muzaffarpur

.... .... Opposite party/s

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Appearance :

For the Petitioner/s : Mr. Shiv Shankar Sharma, Advocate

Mr. Arun Kumar Sinha, Advocate

For the State of Bihar : Mr. Umanath Mishra, Addl.P.P.

For the Opp. Party No.2 : Mr. Md. Kamran, Advocate.

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA

ORAL ORDER

3 09-10-2012

Heard the parties.

By the impugned Judgment and order dated

17.2.2009 passed in Maintenance Case No. 95 of 2006 by the

learned Principal Judge, Family Court, Darbhanga, claim of

maintenance made on behalf of the petitioner in terms of Section

125 Cr.P.C. has been rejected on the ground that the petitioner has

not been able to prove the factum of valid marriage with the

opposite party no.2. The learned Principal Judge, Family Court,

Darbhanga has come to a finding that since the petitioner has

failed to establish that she is a legally wedded wife of the opposite

Patna High Court CR. REV. No.448 of 2009 (3) dt.09-10-2012

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party no.2, therefore, she is not entitled to maintenance in terms

of Section 125 Cr.P.C.

Learned counsel appearing on behalf of the petitioner

submits that the findings recorded by the learned Principal Judge,

family Court, Darbhanga about the factum of marriage is

erroneous and not sustainable in eye of law. However, after

arguing the matter for some time, he sought permission to

withdraw this application with a liberty to file a civil suit before a

court of competent jurisdiction seeking a declaration of validity of

her marriage with the opposite party no.2 and with a further liberty

that if such a declaration is made, the petitioner may file a fresh

petition under section 125 Cr.P.C. seeking maintenance against the

opposite party no. 2.

In view of fair stand taken by learned counsel

appearing on behalf of the petitioner, the present application is

permitted to be withdrawn with a liberty to file a civil suit before

a court of competent jurisdiction seeking declaration of validity of

marriage between the petitioner and opposite party no.2. If in the

aforesaid civil suit, the petitioner is declared to be legally wedded

wife of opposite party no.2, after giving opportunity of hearing to

other side, then she shall be at liberty to file a fresh petition under

Section 125 Cr.P.C.claiming maintenance against the opposite

party no.2.

The application stands finally disposed of as

withdrawn with the liberty aforesaid.

Kanth/-

(Birendra Prasad Verma, J)