RATNESWAR SAIKIA Vs. KALPANA SAIKIA

JUDGEMENT

(1.) THIS Criminal Revision is directed against the judgment and order dated 7.10.2005 passed by the learned Principal Judge, Family Court, Kamrup, Guwahati in F.C.(Crl) No. 335 of 2003 holding therein that the petitioner Smt. Kalpana Saikia is the legally married wife of the present petitioner and she is entitled to get maintenance and also directing the present petitioner to pay Rs. 1,200/- p.m. w.e.f. the date of filing of the application.

(2.) I have heard Dr. Y.K.Phukan, learned Sr. Counsel assisted by Smt.S.Bora, learned Counsel for the petitioner and Mr.S.S.S. Rahman, learned Counsel appearing for the respondent-wife.

(3.) DR.Y.K.Phukan , learned Sr. Counsel submits that an order of maintenance cannot be passed by a Magistrate in favour of a woman whose earlier marriage has not been dissolved as per law and the relationship as husband and wife still subsists. According to him , as per evidence on record , the respondent married to Bhadreswar Nath and out of the said wedlock , a female child was born who is now grown up and got married. He further submits that there is no evidence on record that the marriage between respondent and the said Bhadreswar Nath has been dissolved as per law and there is no more relationship as husband and wife between the said person and the respondent .The respondent cannot claim maintenance unless, she proves that her earlier marriage with Bhadreswar Nath has been dissolved. In this regard ,he has relied on some decisions of the Apex Court rendered in Rohtash Singh Vs. Ramendri (SMT) and Others , (2000) 3 SCC 180, Savitaben Somabhai Bhatiya Vs. State of Gujarat and others, (2005) SCC 636 and Rameshchandra Rampratapji Daga Vs. Rameswari Rameshchandra Daga, reported in (2005) 2 SCC 33.