SHEELA BAI RAJAK Vs. MATUKDHARI RAJAK

JUDGEMENT

(1.) Present revision has been directed under Section 19(4) of the Family Courts Act, 1984 (in short Act of 1984) against the order dated 18.1.2012 passed by Principal Judge,, Family Court, Rewa in MJC No. 101/2010 declining the maintenance under Section 125 of Cr.P.C. to the petitioner/wife for want of technical formality of marriage. According to petitioners, petitioner No. 1 is Sheela Bai Rajak, got married to the respondent Mutukdhari Rajak in the year 1987. On 12.8.1983 son-Rajesh, in the year 1995 daughter Suman and at last on 5.8.2000 petitioner No. 2 Shivam was born in the family. Following some quarrels and differences between them in the year 2007, petitioner/wife was forced to live separately, who was unable to maintain herself, whereas the respondent/husband being an employee in the electricity department and owner of agricultural land was having sufficient income.

(2.) Respondent/husband challenged the petition under Section 125, Cr.P.C. saying that petitioner/wife was earlier married to one Kashi Prasad prior to her marriage with him. Respondent denied parentage of two sons i.e. eldest and youngest also respectively.

(3.) Family Court observing that petitioner could not prove the legality and validity of marriage with the respondent. Hence the maintenance under Section 125, Cr.P.C. was denied in respect of wife/petitioner. However, Family Court has granted Rs. 1,000 per month maintenance to petitioner No. 2 to the minor son.