HARSH BHOLA Vs. JYOTI

JUDGEMENT

(1.) This is a petition under Section 482, Cr.P.C., for quashing of order passed by the CJM, Panchkula dated 10.2.2005 (Annexure P-3) whereby the respondent has been awarded maintenance under Section 125, Cr.P.C, to the tune of Rs. 3,500/- per month. Challenge is also to the order passed by the Additional Sessions Judge, Panchkula, dated 23.3.2005 (Annexure P-4) whereby the revision petition of the petitioner has been dismissed. Learned Counsel for the petitioner has raised only one issue viz. when, admittedly, the respondent is the second wife of the petitioner while the first marriage was subsisting, the respondent is not entitled to any maintenance under the provisions of Section 125, Cr.P.C. The issue raised is that the second marriage being void, the respondent cannot be construed in law as wife of the petitioner and, therefore, there is a bar on jurisdiction under Section 125, Cr.P.C., as such, the impugned orders being without jurisdiction are liable to be quashed.

(2.) The facts as emanating from the record are that the petitioner was married with one Divya on 6.12.2001. As alleged by the petitioner, while this marriage was subsisting, the petitioner contracted second marriage with the respondent on 1.2.2004. The respondent left the matrimonial home on 7.4.2004 and never came back. There are a number of cases instituted against the petitioner including a case under Section 494, IPC. It has been argued that while there is not an iota of evidence to indicate that the petitioner had divorced Divya, the respondent i.e. the second wife, had no right even to file an application under Section 125, Cr.P.C., for maintenance. Reference has been made to para-7 of annexure P-1 i.e. an application filed under Section 125, Cr.P.C. by the respondent, to contend that the respondent herself had admitted that the petitioner was married second time.

(3.) Learned Counsel for the respondent has disputed the facts as stated by the petitioner. Learned Counsel has pointed out towards para-5(a) i.e. a document Annexure P-2 authored by the petitioner himself viz. reply filed by the petitioner to the application under Section 125, Cr.P.C. Para 5(a) is reproduced hereinbelow: