Rajshekhar Hanmant Patil v. Vijaylalita (according to her)
w/o Rajshekhar Patil and another
1997-07-09
T.K.CHANDRASHEKHARA DAS
body1997
DigiLaw.ai
JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---The challenge in this petition is revisional order passed dated 7-12-1995 in Civil Revision Application No. 152/94 on the file of Addl. Sessions Judge, Solapur whereby the petitioner was directed to pay maintenance to the respondent at the rate of 400/- p.m. The matter arises out of application filed by the respondent, the alleged wife of the petitioner, claiming maintenance under section 125 of the Criminal Procedure Code. The learned Magistrate, before whom the application of the wife Smt. Vijaylalita Rajshekhar Patil came up for consideration, dismissed the application. The petitioner urged before the learned Magistrate that assuming there was a marriage between him and Vijaylalita Rajshekhar Patil, such a marriage is not valid in law in view of subsisting valid marriage of the petitioner with one Smt. Sadhana, while accepting this argument the learned Magistrate dismissed the application of the Vijaylalita. She filed the revisional before Sessions Court, Solapur. The Sessions Judge, though considered the aspect of subsistence of the first marriage of the petitioner, rejected the revision on the ground that no document was produced before the Court. 2. The learned Counsel Mr. Kumbhkoni, submitted that he had obtained certified copy of the order whereby the divorce was granted by the Court dissolving the marriage between petitioner and Mrs. Sadhana. I have gone through the order passed by the Jt. Civil Judge, S.D. Solapur in H.M.P. No. 47 of 1985. It is clear from the order that there was a marriage solemnize between the petitioner and Smt. Sadhana as early as 22-11-1978 and their marriage was put to an end by a decree of divorce. The learned Sessions Judge has rejected the revision on the ground that no documentary evidence has been produced in support of this document. The learned Sessions Judge ought to have given an opportunity to the parties to produce additional evidence. 3. In view of this, the order of the Sessions Judge impugned herein is set aside. The matter is remanded back to the Sessions Court to pass order according to law, after considering the matter afresh in the light of the decree of divorce aforementioned, giving the parties an opportunity to adduce additional evidence, if any. Matter remanded back to S.J.