LAWS(CHH)-2016-7-35

CHANDRAPRAKASH CHANDEL Vs. NEEMA CHANDEL

Decided On July 11, 2016
Chandraprakash Chandel Appellant
V/S
Neema Chandel Respondents

JUDGEMENT

(1.) By way of the present revision petition, the petitioner has assailed the order dated 18.07.2014 passed by the Family Court, Jagdalpur, in Misc. Case No.134 of 2013. By the said order, the Family Court in a proceeding under Section 125 Cr.P.C. while allowing the said application has granted maintenance amount to the non-applicant No.1 by awarding Rs.5000/- per month to be paid by the petitioner.

(2.) The sole ground raised by the petitioner while assailing the said order of the Family Court was on the ground of non existence of the relationship of Husband and Wife between the petitioner and the respondent No.1.

(3.) Learned counsel appearing for the petitioner submits that he has never married the respondent No.1 and there exist no husband and wife relationship between the two. He further makes a statement that at no point of time there has been any cohabitation between the two for the respondent No.1 to claim that she was given status of a wife by the petitioner. Further, the petitioner has challenged the finding of the court below alleging non consideration of the specific stand by him before the family court that the respondent No.1 being kept in the house of the petitioner while he was posted at ITI Bastar as a maid so that the respondent No.1 could take care of petitioner's mother who was not keeping good health during those days and subsequently in a couple of years he got transferred from Bastar and has been posted at Korba since long. At Korba there is no relation whatsoever between them and neither has she joined him as maid or as his wife or so called live in relationship between the petitioner and the respondent No.1 all along his posting at Korba.