KALLU KHAN Vs. SHAHEDA BEE

JUDGEMENT

(1.) Being aggrieved by award of maintenance of Rs.2,000/- P.M. in favour of respondent dated 21.04.2016 passed in MCRC No.16/15 by Principal Judge, Family Court, Ujjain, the petitioner husband has preferred the present revision petition under Section 397, 401 of Cr.P.C.

(2.) According to the facts, the respondent has filed an application before the Family Court stating that she was earlier married to one Chhote Khan. She was also blessed with 3 children and they are all now married. Unfortunately, Chhotekhan died; therefore, she was living alone. To get rid of her loneliness, she married the petitioner on 10.10.2013 as per Muslim rites and rituals and had started living with him. Two notarized affidavits Ex.A/1 & A/2 were also executed by both of them on 10.03.2014 to documentate this Nikah. After some time of togetherness, the petitioner started misbehaving with her. He threw her out of the house on account of non-fulfillment of demand of money. His son also beat her. She sustained fracture in her right leg and got confined. To save her family life, she did not report the matter to the police. She got shelter at her sister's house and has started living with her. She and her wellwishers tried to convince the petitioner, but in vain.

(3.) The petitioner has challenged the order of learned Family Court on the grounds that the respondent is not his legally wedded wife. She failed to prove marriage. She neither produced Nikahnama nor any witness in support of Nikah before the Family Court, even then the learned Family Court has held that she is legally wedded wife of the petitioner only on the basis of voter identity card which is not a conclusive proof to establish a marriage. It is further submitted that the Family Court did not appreciate evidence properly. It has drawn unwarranted inferences in favour of the respondent. Order of the Family Court is neither legal nor proper or correct. Therefore, the petitioner has prayed for quashment of the impugned order.