RAMKESH KACHHI Vs. SUBHDRA BAI KACHHI

JUDGEMENT

(1.) The applicant has challenged the order dated 24.8.2006 passed by the learned Principal Judge, Family Court, Jabalpur in M.J.C.No.360/2002, whereby a maintenance of Rs.800/- per month was granted to the respondent under section 125 of the Cr.P.C. against the applicant.

(2.) The respondent has preferred an application under section 125 of the Cr.P.C. before the Principal Judge, Family Court that the applicant was a widower. His wife Trishiya Bai had expired on 24.6.1993. Thereafter, the applicant entered into a marriage with the respondent, according to the customs prevailing in Kachhi Samaj. The respondent resided with the applicant as a wife for 6 years and thereafter, the applicant started making trouble relating to food, clothes etc and thereafter, she went away from his house and started living separately. The applicant was a Lab Attendant in Chemistry Department, JNKVV, Jabalpur and he was earning a sum of Rs.10,000/- per month. Therefore, the respondent demanded a sum of Rs.3,000/- per month as maintenance.

(3.) The applicant in his reply had denied the entire application. He did not accept the factum of marriage, according to the custom of the caste. It is also pleaded that there is no custom of 'Choori' marriage recognized in Kachhi samaj. The respondent was already married with one Kailash and no valid divorce took place with her husband Kailash. Under such circumstances, it was pleaded that the respondent was not a valid wife of the applicant and therefore, it was prayed that her application may be dismissed.