MANIKA DEBBARMA (SINGHA) Vs. SOUMENDRA DEBBARMA

JUDGEMENT

(1.) Whether it is the legal illiteracy or the deliberate attempt not to acknowledge the legal liability or the irresponsible bravado which led to a 'disputed' marriage may not be explored by this Court but the time has come the law must assert its authority to bring end to the misery of the woman, who suffers for such brazen act. Here is the case that the respondent married the petitioner and when the petitioner in a vagrant condition approached the court of the competent jurisdiction, he took the plea that the petitioner is not entitled to get the maintenance as the marriage is not acknowledged by law and unless the petitioner is legally married wife, she cannot claim maintenance. This plea has been accepted by the Judge, Family Court, Agartala, West Tripura by the judgment and order dated 28.11.2013 delivered in Misc. 365 of 2011 holding that:

(2.) On the face of such observation, it is apparent that the Judge, Family Court has exceeded its jurisdiction by making a declaration as regards the marital status while exercising the jurisdiction under Section 125 of the Cr.P.C. However, so far the child from the 'illegitimate marriage' of the petitioner is concerned, the Judge, Family Court has directed the respondent to pay maintenance of Rs.3,000/- per month w.e.f. 01.12.2013 to his son Sri Joydeb Singha and send the same to the petitioner Manika Singha (Debbarma) to her address noted in the judgment within 10th day of every English Calender month. Money order commission has been ordered to be borne by the respondent. Leave has also been granted to send the amount through the bank, if details of the bank account of the petitioner is furnished.

(3.) Since the claim of maintenance by the petitioner was denied by the said order dated 28.11.2013, this order has been challenged by this petition filed under Section 19(4) of the Family Courts Act, 1894.