BHAUSAHEB ALIAS SANDU Vs. LEELABAI

JUDGEMENT

(1.) This is an appeal preferred by the original respondent husband, being aggrieved by the order of awarding maintenance of Rs. 1,000. 00 passed under Section 25 of the Hindu Marriage Act, 1955 by the learned Principal Judge, Family Court, aurangabad in Petition No. C-39/2001 on 30. 11. 2002.

(2.) Most of the facts giving rise to this appeal are undisputed. Present respondent leelabai approached the Family Court, aurangabad with a case that on 16. 12. 1997 she had legally married the present appellant. Madhuri a daughter was born in the wedlock, however, the appellant and the respondent could not carry on the happy married life and so respondent Leelabai filed Petition No. 331 of 1999 for maintenance under Section 125 of the criminal Procedure Code. The said petition came to be dismissed on 25. 3. 2000 as respondent Leelabai could not satisfy the Court that she was legally wedded wife of appellant bhausaheb.

(3.) Thereafter respondent Leelabai filed Petition No. B-7/2000 for declaration that her marriage with appellant Bhausaheb was a valid marriage and Madhuri was their legitimate child. At the same time, she filed another application bearing Petition No. E-525/2000 for maintenance under Section 125 of the Criminal procedure Code on behalf of the child Madhuri. Both the petitions were heard together and decided by a common judgment dated 29. 9. 2001. It was held that the marriage was not a valid marriage, since respondent Leelabai was having a spouse living at the time of alleged marriage and therefore, the petition for declaration of validity of marriage was dismissed, however, Madhuri was awarded maintenance at the rate of Rs. 500/- per month under Section 125 of the Criminal Procedure code.