9911796707
TMI Blog1990 (3) TMI 386X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 482, Cr. P. C. is directed against a revisional order dated 7-8-1984, passed by IVth Addl. Sessions Judge, Indore, in Criminal Revision No. 27 of 1983, thereby quashing the order of maintenance dated 20-1-1983, passed by the Judicial Magistrate, 1st Class, Indore, in Misc. Criminal Case No. 860 of 1977 awarding maintenance allowance of Rs. 100/- per month to the petitioner from 2-7-1982. Agg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n coming to know, that he was already married, she (Godavaribai) withdrew from his society. 4. The fact of second marriage stands amply proved by her evidence and further corroborated by Ganpat (P.W. 2) and the priest Vidhyadhar Pandit (P.W. 3), performing the marriage. It is needless to add that this second marriage on the part of the respondent-husband affords a justifiable ground to the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the respondent, her husband and as such, she was not entitled to claim any maintenance whatsoever. 7. The above finding, petitioner's counsel argued, is perverse, in face of evidence available on record. As per allegations made in the application and evidence, the petitioner had gone to her parents on the eve of Makar Sankaranti as her mother eventually suffered from paralysis, she was requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iling mother, who was suffering from paralysis, a new development took place. Respondent-husband contracted a second marriage with one Godavaribai a fact already held to have been proved by the trial Court. In such circumstances, she had sufficient reason to live apart from her husband. 10. Proceedings under Section 482, Cr. P.C. cannot be allowed to be converted into a full-dressed trial. Shri M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of second marriage is kept aside for a while, this finding, as recorded by the lower revisional Court is based on total misconception of law. As noted above, the legal connotation of 'desertion' has not been taken into account by the revisional Court. It is for this reason that the revisional Court's order is being set aside. It is, therefore, not necessary to go into the question of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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