KIRAN DHAR Vs. ALOK BERMAN

JUDGEMENT

(1.) Heard learned counsel for the revisionist and Shri R.P. Mishra, learned counsel for the opposite party.

(2.) Instant criminal revision has been filed by Smt. Kiran Dhar challenging the order dated 6.10.2007 passed by the Family Judge, Family Court, Lucknow by wich application under Section 125 Cr.P.C. filed by Smt. Kiran Dhar was rejected.

(3.) A perusal of record reveals that an application under Section 125 Cr.P.C. was filed by Smt. Kiran Dhar before the court of Principal Judge, Family Court, Lucknow alleging that she is legally wedded wife of Alok Berman. Marriage was solemnized on 6.2.2005 as per Hindu customs and rituals. Shaptpadi was also performed. At the time of marriage many items, mentioned in paragraph 4 of the application under Section 125 Cr.P.C. was provided to the opposite party, and his family menbers, but they were greedy and were not happy with the dowry provided, so they started torturing her. To cut a long story short, the revisionist was sent back on 18.4.2005 to her parents house, and since then she is living in her father's house. By moving application under Section 125 Cr.P.C., she has claimed Rs.5000/- per month for maintenance from the date of filing of petition. Opposite party appeared and filed objections. The main defence was that at the time of marriage, the husband was having a living spouse i.e. his earlier wife, and thus his marriage with Smt. Kiran Dhar is void ab initio, and due to this no order can be passed allowing the maintenance.