SMT. MOTIM BAI BORKAR Vs. ARJUN SINGH BORKAR

JUDGEMENT

(1.) This criminal revision is directed against the order dated 6.10.2009 passed by the Second Additional Principal Judge, Family Court Durg, where by the petition filed by the Petitioner under Sec. 125 of the Code of Criminal Procedure (for short 'CrPC') for grant of maintenance was dismissed only on the ground that the Petitioner who claims to be the wife had failed to prove that her earlier marriage had been dissolved by formal decree of divorce.

(2.) Briefly stated facts of the case are that Petitioner Smt. Motim Bai Borkar was admittedly married to one Chunniram Meshram. One daughter was born out of the wedlock. Petitioner Motim bai had claimed that this marriage between her and Chunniram has been dissolved by customary divorce on 15.10.200 Respondent Arjun Singh Borkar was also married to one Kala Bai who died on 27.1.2000.

(3.) It is not disputed that marriage was solemnized between Arjun Singh and Motim Bai on 9.6.200 This marriage was performed by having public function. The husband and wife lived together for two years. Thereafter in the year 2006, the wife made a complaint that the husband used to beat her. In Dec., 2006, she also a complained that her husband had beaten her and turned her out of the house. Motim Bai claiming to be the wife of Arjun Singh filed a petition under Sec. 125 of the Crimial P.C. This petition was contested mainly on the ground that the marriage between Arjun Singh and Motim Bai was not a valid marriage since Motim Bai had not obtained a valid divorce from her first husband Chunniram. The learned trial Court held the issue in favour of the husband and came to the conclusion that since no divorce has been proved by wife from first husband therefore, she could not claim maintenance.