KAMALA AND OTHERS Vs. M.R. MOHAN KUMAR

JUDGEMENT

(1.) These appeals arise out of the judgment dated 16.06.2009 passed by the High Court of Karnataka at Bangalore in R.P.F.C. Nos. 103 of 2008 and 21 of 2009 in and by which the High Court has set aside the judgment of the family court which has directed the respondent to pay maintenance to the appellants wife and children.

(2.) Case of the appellants is that marriage between appellant No.1 and respondent was solemnized on 18.07.1998 against the wishes of their parents at Karrighatta temple near Sri Rangapattana and appellant No.2-daughter and appellant No.3-son were born out of the wedlock on 09.05.2001 and 18.07.2003 respectively and they lived in a house on rent in Saraswasthipuram, Mysore. Further case of the appellants is that while the marriage between appellant No.1 and respondent was subsisting, the respondent married one Archana, who was his colleague on 01.04.2005, after which the appellants were neglected by the respondent and he was harassing appellant No.1. Being aggrieved of such treatment from respondent, appellant No.1 filed a police complaint and upon the direction of police, the respondent was paying Rs.3,000/- per month to the appellants towards their maintenance. It is further averred that when they shifted from Saraswathipuram to Chamundipuram, the respondent continued to neglect them. Since appellant No.1 could not maintain herself and her children, she filed a Criminal Miscellaneous No.297/2006 under Section 125 Cr.P.C. claiming maintenance for herself and the children from the respondent.

(3.) The respondent resisted the maintenance claim contending that he has never married appellant No.1 and denied her contention that appellants No.2 and 3 were born out to him and appellant No.1. The respondent contended that when there is no valid marriage between the parties, petition for maintenance under Section 125 Cr.P.C. cannot be maintained.