SMT. TERAS DONGARE Vs. AVINASH DONGARE

JUDGEMENT

(1.) This petition has been brought against the order dtd. 11/1/2019 passed in MJC (Misc. Criminal Case) No. 255/2017 by the Family Court Bilaspur, Chhattisgarh dismissing the application of this applicant filed under Sec. 125 of the Cr.P.C. praying for grant of maintenance.

(2.) It is submitted by learned counsel for the applicant that learned family court has held in impugned order, that the marriage of the applicant with the respondent was performed on 18/11/2015, even then it has been erroneously held that the applicant is not legally wedded wife of the respondent/nonapplicant. The applicant does not deny about her previous marriage with Rajendra S/o Ratan, R/o Village Selar, on the contrary she has made a clear statement that she had obtained divorce from her previous husband in customary manner. The statement of her is remained unchallenged in crossexamination, therefore, the applicant had status of legally wedded wife of the respondent.

(3.) Learned counsel for the respondent opposes the submission made by the applicant side and submits that no error has been committed by the learned family court in passing the impugned order. It was an admitted fact that the previous marriage of the applicant was existing and the same was not dissolved by any Court of law. For the purposes of Sec. 125 of the Cr.P.C. it is necessity that the applicant should be a legally wedded wife, hence, the applicant does not fulfill this criteria because of which she has no entitlement for grant of maintenance. Prayer has been made to dismiss the revision petition.