SUNDER LAL SAINI Vs. MEENA SAINI

JUDGEMENT

(1.) This petition under Section 125 Cr.P.C. is for setting aside the order dated 03.07.2020, passed by Ld. Principal Judge, Family Courts, Shahdara District, Karkardooma Courts, Delhi, in C.C. No. 359/2018, wherein the Ld. Trial Court granted maintenance of Rs. 4200/- per month to be paid by the Petitioner herein to the Respondent.

(2.) The facts leading up to the filing of this petition are as follows:

(3.) Mr. Ram Kishan Saini, learned Counsel for the Petitioner, has submitted before this Court that the Section 125 Cr.P.C. filed by the Respondent before the Ld. Trial Court is not maintainable as the Petitioner was already married to Smt. Dharamwati while the Respondent was married to Man Singh Saini, and therefore, no valid marriage could have taken place between the Petitioner and the Respondent. Mr. Saini submitted that the wife of the Petitioner could not conceive. He also submitted that no divorce had taken place between the Respondent and Man Singh Saini, and as the relation between the Respondent and her husband were strained, the Petitioner had entered into talks with the parents of the Respondent that she would provide him with a male issue so that his lineage could continue. Consequently, the parties agreed to live together and the Petitioner paid Rs. 1,60,000/- for the same. It was further submitted that the Respondent could not conceive, and therefore, in January 2011, she left the Petitioner and had been residing separately.