RAVINDRA KUJUR Vs. PHOOLKUNWARI KUJUR

JUDGEMENT

(1.) The present revision has been preferred challenging the award dated 22.04.2014 passed by the Additional Sessions Judge, Kunkuri, Distt. Jashpur, in Revision Case No.10 of 2013 whereby the revisional court has allowed the revision preferred by the respondent-wife and an amount of Rs.2500/-per month has been granted as maintenance against the petitioner-Husband.

(2.) The facts in brief necessary for adjudication of this revision are that, respondent Phoolkunwari had filed an application under Section 125 Cr.P.C. seeking for maintenance from the petitioner. According to respondent, the petitioner and the respondent had entered into a wedlock on 21.05.1989 and form the said date they stayed together as husband and wife till 1999. Subsequently, it is stated that on account of illicit relationship that the petitioner had with one Gita, she was compelled to leave the matrimonial house and started living separately. Though she started living separately in the year, 1999 onwards, but filed an application under Section 125 CrPC in the year, 2006 which got registered as Misc. Criminal Case No.79/2006 before the court of Judicial Magistrate First Class, Pathalgaon, Distt. Jashpur. The trial court after conclusion of pleadings and evidence, vide order dated 08.02.2013 rejected the claim application of the respondent-wife holding that she has not been able to prove her case so far as there being valid marriage with the petitioner is concerned.

(3.) This order dated 08.02.2013 passed by the trial court was put to challenge by way of revision before the court of Additional Sessions Judge, Kunkuri which was registered as Revision Case No.10 of 2013. The revisional court, taking into consideration the entire factual matrix of the case and also considering the evidence which has been led before it, reached to the conclusion that the respondent-wife infact has been able to establish her case so far as marriage between the petitioner and respondent is concerned. It also found that there was sufficient documentary proof which had been brought before the court below to conclusively prove the relationship of husband and wife between the petitioner and respondent. In addition, the pleadings of the husband itself clear gives an indication and from which a strong inference can be derived of the husband and wife relationship thus had finally allowed the revision vide order dated 22.04.2014 holding that petitioner-husband shall pay an amount of Rs.2500/- per month as maintenance to the respondent-wife. Hence this revision petition by the petitioner-Husband.