Shivram Singh vs Dharma Devi

Servesh Kumar Gupta, J.—Smt. Dharma Devi (respondent) wedded with Mr. Shivram Singh sometimes way back in 1968. She filed OS No. 8/1971 seeking a decree of divorce against her husband and that suit was decreed as exparte and the marriage was dissolved by a decree of divorce on dated 20.12.1971. This exparte dissolution of marriage, as argued by the learned counsel for the petitioner, was never challenged by the husband, so it attained finality.

Almost four decades passed on and Smt. Dharma Devi filed a petition u/s 125 Cr.P.C. on dated 08.09.2010 claiming maintenance from the petitioner Mr. Shivram Singh. She averred that after the marriage, she lived happily for 15 years along with her husband Mr. Shivram Singh and produced three children namely Ram Kisni, Hans Ram and Parshu Ram. After these 15 years, Mr. Shivram Singh since pressing her to permit him to enter into the wedlock with some other woman, so he expelled her from his house and since then she was living in her parental house along with her three children.

Learned counsel for the petitioner has argued that if she had got a decree of divorce on 20.12.1971 then how she could produce three children in a spousal life with the petitioner Mr. Shivram Singh. So, the averments has taken by Smt. Dharma Devi u/s 125 Cr.P.C are false. This contention of learned counsel is not acceptable for the reason that when Smt. Dharma Devi was produced in the witness box while pressing her petition u/s 125 Cr.P.C then no question was asked by Mr. Shivram Singh from her in this regard. She proved her averments in her examination-in-chief, as has been stated in the impugned judgment.

It has further been argued by the learned counsel for the petitioner that a divorcee lady could not get any maintenance. This argument is also not sustainable for the reason that the well-propounded law laid down by the Hon'ble Apex Court makes her entitled for claiming the maintenance. So, this petition is bereft of any merit and thus hereby dismissed.