PINKI Vs. ARVIND

JUDGEMENT

(1.) The present revision petition has been preferred against the impugned order dtd. 20/3/2024 passed by the learned Family Court, Yamuna Nagar at Jagadhri, vide which application filed by the petitioner under Sec. 125 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') was dismissed.

(2.) The marriage between the petitioner and the respondent was solemnized on 15/10/2019 and no child was born out of this wedlock. However, matrimonial dispute ensued between the couple and the petitioner filed an application under Sec. 125 Cr.P.C. seeking maintenance which was dismissed by the learned Family Court vide impugned order, stating that a valid marriage does not subsist between the parties.

(3.) Learned counsel for the petitioner, inter alia, contends that the marriage between the parties was solemnized on 15/10/2019 according to Hindu rites and rituals in village Rattangarh. The petitioner was treated with utmost cruelty since the very inception of the marriage and was ultimately turned out of the matrimonial home on 18/7/2020. Learned counsel submits that the petitioner does not have an independent source of income while the respondent-husband works as a Muneem in Universe Raju Paints at Ladwa, earning a salary of Rs.20,000.00. Further, the respondent, in the reply filed by him, failed to take the plea that the petitioner is not his legally wedded wife. As such, he cannot be allowed to take this stance at a later stage in the trial. Learned counsel places reliance on the judgments rendered by the Hon'ble Supreme Court in Deoki Panjhiyara vs. Shashi Bhushan Narayan Azad and another 2013 AIR SC 346, Kamala and others vs. M. R. Mohan Kumar 2018(4)R.C.R.(Criminal) 894, this Court in Rohit Chawla vs. Swati 2022(2) R.C.R.(Civil) 854 and the Allahabad High Court in Ram Prakash Achari vs. State of U.P. 2023(160) ALR 607.