SUBHASH CHAND Vs. KRISHANI DEVI

JUDGEMENT

(1.) The petitioner's wife had filed an application under Sec. 125 CrPC, seeking monthly maintenance from the petitioner-husband. In the application, she averred that they had solemnized marriage on 22/9/2000 at Bilaspur. At the time of the wedding, she was a widow with three children. On his persuasion, she agreed to marry him. In the beginning, her marital life was good, but later on, his attitude changed, which led to discord, and he even withdrew his financial support. He would spend money on liquor instead of giving it to her and her children.

(2.) Furthermore, he would abuse, assault, and beat the petitioner on trivial matters. Given such behavior and the absence of financial support, it became impossible for her to reside with him in his house. Consequently, she was forced to shift to the house of her first husband, where Subhash Chand neither paid visit nor gave any money. The wife also alleged that her second husband is a driver by profession and earns sufficient money.

(3.) The husband filed a reply and took a specific stand that Krishani Devi has played fraud upon him by preparing false documents with the connivance of the Notary Public. He stated that although the marriage is claimed to be solemnized on 22/9/2000, the certificate was allegedly obtained on 23/7/2010. Subhash Chand also claimed that Krishani Devi, in connivance with the priest of temple Lord Shri Laxmi Narayan Ji, Bilaspur, prepared false documents and affidavit. He further stated that she is still drawing benefits, which is being given to widows, and, as such, her drawing such benefits would show that she never solemnized marriage with him.