PIPLU GHOSH Vs. ARCHANA DAS

JUDGEMENT

(1.) This is a petition filed under Sec. 397 read with sec. 401 of the Code of Criminal Procedure, 1973 and under Sec. 19(4) of Family Courts Act, 1984 against the order of maintenance dtd. 30/7/2019 passed by the learned Addl. Judge, Family Court, Agartala, West Tripura in connection with Case No. Misc. 370 of 2018 directing the revision-petitioner to pay maintenance @ Rs.10,000.00 (Rupees Ten thousand only) per month to the opposite party for the purpose of maintaining herself within 10th day of every English Calendar month w.e.f. 1/8/2019.

(2.) Heard Mr. A Basak, learned counsel appearing for the petitioner as well as Mr. D. Datta, learned counsel appearing for the respondent.

(3.) Mr. Basak, learned counsel appearing for the petitioner herein submits that his client has no relationship with the respondent herein and the respondent is only exploiting him for extracting money. The petitioner-counsel further contended that the petitioner is already a married person and the respondent is a widow with children and both the petitioner and the respondent never married. The petitioner is already having a wife and under Sec. 125 of Cr.P.C, this lady, the respondent herein claiming herself to be the wife of the petitioner herein cannot be accepted under the definition of a wife. Even if there is any marriage between the petitioner and the respondent, the said marriage becomes a void marriage, thus, the question of payment of any maintenance does not arise.