RAJ RANI AND ANOTHER Vs. OM KUMAR KAUSHIK

JUDGEMENT

(1.) The present revision petition has been filed seeking to challenge order dated 11.06.2015 by which the District Judge, Family Court, Rohtak, has declined to give interim maintenance to the petitioners herein under Section 125 of the Code of Criminal Procedure (for short 'the Code').

(2.) In brief, the facts as stated are, that petitioner No. 1 solemnized her marriage with the husband of her elder sister Dhanpati on 20.2.1977, and out of this wedlock two children were born, a son Deepak and a daughter petitioner No. 2 herein. This marriage was performed on account of the fact that the elder sister gave birth to a deformed child and as per the advice of a tantric the respondent was advised to remarry in case he wanted a normal child. It is stated that the petitioner requires medical treatment for which she has no source of income and that the respondent herein is failing in his duty to maintain her and her daughter, who is unmarried. The application was contested by the respondent on the ground that the petitioner being the second wife would not be entitled to maintenance and the daughter being a major and well qualified would not be entitled to any maintenance at all. The application for interim maintenance was dismissed resulting in the present revision petition.

(3.) The learned counsel appearing on behalf of the petitioners contend that the respondent, who has retired as foreman from Electricity Department, Government of Haryana, has more than adequate means of supporting petitioner No. 1, who might be his second wife but would still be entitled to claim maintenance being his legally wedded wife . It is argued that petitioner No. 2 is unmarried without a job and wholly dependent upon her father and, therefore, would be entitled to maintenance under Section 125 of the Code of Criminal Procedure. Reliance in this regard is placed upon a judgment rendered in Badshah vs. Sou. Urmilla Badshe Ghoshe, 2014 1 SCC 188, where it has been held that even second wife would be entitled to maintenance. Furthermore, learned counsel for the petitioner relies upon a judgment rendered in Chand Patel Vs. Bismillah Begum, 2008 2 RCR(Cri) 321, where the Supreme Court held in a situation where a Muslim husband married his wife's sister when wife was alive and marriage subsisted, the marriage was held to be irregular but not void and second wife and child born to her would be entitled to maintenance under Section 125 of the Code.