ANIL KUMAR MAHILANGE Vs. SASHITA BAI

JUDGEMENT

(1.) The present revision is directed against the order dated 23.7.2016 passed by the 3rd Additional Principal Judge, Family Court, Durg, Link Court Bemetara in M.Cr.C. No.196 of 2011, whereby the Family Court has granted monthly maintenance of Rs.1,000/- in favour of the Respondent.

(2.) The Respondent filed an application under Section 125, Cr.P.C. stating that she is legally wedded wife of the Applicant. Their marriage took place according to social and vaidic customary rites at Village Temri on 5.1.2011. Thereafter, she started residing with the Applicant at his house. Though the Applicant had earlier married to one Saritabai and due to some dispute Saritabai was living at Bhatapara with her parents, the Applicant saying Respondent Sashita Bai that divorce had taken place between him and Saritabai socially married the Respondent. After one month of the marriage with the Respondent, Saritabai returned to the house of the Applicant. Thereafter, the Applicant and his family members including Saritabai started subjecting the Respondent to harassment and they also demanded cash of Rs.20,000/- from her. The Respondent was also being beaten. She made a report on 13.4.2011, but no action was taken on her report. It was further pleaded that on 21.5.2011, the Applicant again took the Respondent back with him after making a compromise. Thereafter, on 18.8.2011, ultimately, he expelled the Respondent out of his house after beating her. Since then, she is residing separately from the Applicant. She is unable to maintain herself. The Applicant earns Rs.1,00,000/- per annum.

(3.) In his reply, the Applicant denied that he performed marriage with the Respondent. It was pleaded by him that he had married Saritabai 4 years before, Saritabai is his legally wedded wife, out of their wedlock 1 daughter Ku. Laxmi has taken birth and presently also, Saritabai is pregnant. It was also pleaded that the villagers deliberately threatened him and kept the Respondent at his house. No divorce has taken place with Saritabai nor did he perform any marriage with the Respondent saying her that divorce has taken place between him and Saritabai. Since the Respondent is not his legally wedded wife, she is not entitled to get any maintenance from him.