MANOJ NIRMALKAR Vs. BHAGWATI BHAWANI

JUDGEMENT

(1.) This revision has been brought challenging the order dated 18.02.2019, passed by the Family Court, Korba in M.J.C. No.62/2018, whereby allowing the application of the respondent and granting maintenance of Rs.2,000/- to the respondent No.1 along with other reliefs.

(2.) Respondent No.1 filed an application under Section 125 of Cr.P.C. claiming that she is wife of the petitioner and the respondents No.2 and 3 are their children. The petitioner and the respondent No.1 both were working in Top & Town Hotel in the year 2013, when they get acquainted and the petitioner proposed to marry the respondent No.1. Thereafter, the marriage was performed in presence of Notary on 25.11.2018 regarding which one agreement was also executed. Subsequent to which respondent No.1 started residing with the petitioner. But in the later on development, it was alleged that the petitioner has deserted and he is avoiding to pay any maintenance to the respondent No.1 and her children.

(3.) Petitioner/Non-Applicant opposed the application on the ground that there was no legal marriage performed between the petitioner and the respondent No.1. The petitioner had only resided in the house of the respondent No.1 for one month as tenant for which a tenancy agreement was executed. The petitioner has never signed any agreement of marriage. In subsequent development, the petitioner has vacated the house of the respondent No.1 and is living separately.