RAKESH Vs. POONAM

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure has been filed against the order dated 17.8.2011 passed by learned Additional Sessions Judge, Fast Track Court, Kullu, in Criminal Revision No. 10 of 2011 affirming order dated 29.3.2011 passed by learned Chief Judicial Magistrate, Kullu in Cr. M.A. No. 420-iv/2008.

(2.) The facts, in brief, are that the respondent had filed an application under Section 125 Cr.P.C. for grant of maintenance Rs. 5,000/- per month against the petitioner on the ground that she is legally wedded wife of petitioner and their marriage was solemnized on 7.2.2008. The petitioner earlier was married with one Sharda and from that wedlock the petitioner has two sons. Sharda died in January, 2008. The petitioner solemnized marriage with the respondent in February, 2008. The respondent had conceived from the petitioner.

(3.) The parents of the petitioner levelled false allegations of theft against the respondent on 1.8.2008 and ousted the respondent from the matrimonial home. The respondent has no source of income whereas the petitioner has sufficient means. He was in possession of sufficient property and was in fruit and vegetable business. The income of the petitioner was about Rs. 15,000/- per month. Therefore, the respondent claimed Rs. 5,000/- maintenance per month from the petitioner.