SHARDA Vs. PURUSHOTTAM

JUDGEMENT

(1.) This revision under Section 397 of the Cr.PC is directed against the order dated 27-7-2005 passed by Additional Principal Judge Family Court, Indore in Misc. Judicial Case No. 22/2005, whereby application filed by the applicant under Section 125 of the Code of Criminal Procedure has been rejected on the ground that her alleged marriage with the non-applicant was nullity.

(2.) The applicant submitted in application under Section 25(1) of the Cr.PC, 1973 before the learned Family Court with a prayer to award Rs. 3,000/-per month as maintenances, from the non-applicant, on the ground that her marriage with the non- applicant was solemnized in Khajrana Ganesh Mandir, Indore on 13-12-1998 as per Hindu rites and customs and thereafter she started living with the non-applicant at his residence. It has also been contended that thereafter she became pregnant but on the advise of the non-applicant aborted the child. She has further contended that on 19-2-1999 non-applicant ousted her from his home and stopped even talking to her. She has no means for her maintenance whereas non-applicant is working as clerk in account section in Municipal Council, Indore and is getting Rs. 9,000/- per month as salary. Therefore, she prayed for granting a maintenance @ Rs. 3,000/- per month.

(3.) The non-applicant in his reply contended that he was never married with the applicant and applicant is not his legally wedded wife. The non-applicant was already married and his wife Rajshri Sharma was very well alive on 13-12-1998, which is alleged as date of marriage of the applicant in his application. He had contended that his wife Rajshri died on 17-12-1999, therefore, it was prayed that the application filed by the applicant be rejected.