Full Judgment Text
Non-Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1691 OF 2009
SMT. MUNNI BAI ... APPELLANT(S)
VS.
BHANWARILAL AND ANR. ... RESPONDENT(S)
J U D G M E N T
Anil R. Dave, J.
1. Here the appellant is a miserable lady who has not
been maintained by her husband. It appears from the
record that respondent No.1-husband had been convicted
for committing the offence of bigamy but the appeal filed
against the said order was pending at the relevant point
of time. We are not sure whether in the said appeal
respondent No.1 has succeeded.
2. Be that as it may, the fact remains that the
appellant is not paid any amount of maintenance though
JUDGMENT
she is staying separately.
3. In the aforesaid circumstances, it cannot be said
that the appellant is staying separately without any
justifiable reason. In our opinion she should be
maintained by respondent-husband.
4. Looking at the facts of the case, we set aside the
impugned order passed by the High Court and remand the
matter to the trial court so that after considering the
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evidence, the trial court may take appropriate decision
regarding payment of maintenance.
5. The appeal is disposed of as allowed.
6. Parties to the litigation would remain present
before the Chief Judicial Magistrate, Tonk, Rajasthan on
th
25 November, 2015 at 11.00 a.m. so that the proceedings
can be commenced.
.................J.
[ANIL R. DAVE]
....................J.
[ADARSH KUMAR GOEL]
New Delhi;
th
15 October, 2015.
JUDGMENT
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