RAJKUMAR RAGHUVANSHI {LAKHERA} Vs. RADHA LAKHERA & ANR

JUDGEMENT

(1.) This First Appeal has been filed by the appellant under Section 19 of Family Court Act, 1984 challenging the order dated 03.05.2014 passed by the Court of Additional Principal Judge, Family Court, Gwalior, in Case No. 204/2011 (Smt. Radha Lakhera Vs. Rajkumar Raghuvanshi {Lakhera}).

(2.) Vide impugned order an application, moved by Smt. Radha Lakhera and her minor daughter Priyanka Lakhera seeking maintenance under Section 125 of Cr.P.C., has been allowed and Court directed that present appellant, who was non-applicant before the Family Court, shall pay monthly maintenance to the tune of Rs. 2,500/- per month in favour of applicant No.1-Smt. Radha Lakhera and Rs. 2,500/- per month for maintenance of applicant No. 2-Kumari Priyanka Lakhera @ Gungun.

(3.) It is appellant's contention that in fact marriage of respondent No.1 was solemnized with his elder brother Kamlesh Lakhera on 02.07.2002 as per Hindu customs and traditions and therefore, respondent No.1 is neither his legally married wife nor respondent No. 2 is his daughter. It is also submitted that that since there is no decree of divorce between respondent No. 1 and Kamlesh Lakhera, therefore, respondent No. 1 cannot be deemed to be wife of the appellant fastening responsibility to pay maintenance. It is submitted that learned Family Court has not appreciated the evidence, which has come on record, in a proper manner and in fact his elder brother Kamlesh Lakhera has already filed an application under Section 9 of Hindu Marriage Act for restitution of conjugal rights with respondent No. 1. It is also submitted that no documentary evidence has been produced by respondent No.1 to support her contention that she is married wife of the present appellant. In view of such facts, prayer has been made to accept the appeal and set aside the order dated 005.2014.