KRISHNA MURARI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has preferred this Criminal Revision, under Section 19(4) of the Family Courts Act, 1984, against the Judgment dated 6.4.2010 passed in Maintenance Case No.55(M) of 2002 by the court of Principal Judge, Family Court, Patna, whereby the Principal Judge, Family Court, Patna, while held that the opposite party no.2 is not entitled for maintenance under Section 125 of the Code of Criminal Procedure as she is not legally wedded wife of the petitioner but exercising the power under Section 26 of the Protection of Women from Domestic Violence Act, 2005, directed the petitioner to pay Rs.3000/- per month to the opposite party no.2 by way of monetary relief towards maintenance from the date of the order under Section 20 of the Protection of Women from Domestic Violence Act, 2005.

(2.) It appears that the opposite party no.2, Smt. Madhuri Devi, filed a petition under Section 125 of the Code of Criminal Procedure before the Principal Judge, Family Court, Patna, in which she has alleged that she is legally wedded wife of the petitioner as her marriage was performed with the petitioner in the year 2000 as per Hindu rites and customs at the house of the petitioner at Patna. After the marriage, a joint affidavit was also sworn by both the parties in proof of the marriage. It is further alleged that the petitioner has also one wife from before, namely, Jayanti Devi, and out of their wedlock, there are two sons to the petitioner. It is further alleged by the opposite party no.2 that due to illness of his first wife, Jayanti Devi, the petitioner was disturbed. She was also deserted by his previous husband since 10-12 years and she was in search of some helping hand for her livelihood. As such, she and the petitioner have decided to marry with each other and in such decision, Jayanti Devi, the first wife of the petitioner, had also given her consent for their marriage. After the marriage, she and the petitioner and the first wife of the petitioner, Jayanti Devi, and her children were remained happy. After few months of marriage, the petitioner sent to his first wife, Jayanti Devi, and his both sons to his village home and, thereafter, the petitioner again became ready to marry with another girl, on which she made protest and due to that reason, the petitioner started torturing her. She made complaint before the Mahila Kosang, Patna, Superintendent of Police, Patna City, Patna, Senior Superintendent of Police, Patna, Deputy Superintendent of Police, Patna, and several other officers and since then she is living separate from the petitioner. The opposite party no.2 has further alleged that due to action taken by the higher authorities, the dispute was settled in between them through compromise but in spite of that there was no effect on the petitioner and on 7.2.2001, she was brutally assaulted by the petitioner regarding which she filed Complaint Case No.117(C) of 2001 against the petitioner in the court of Additional Chief Judicial Magistrate, Patna City, Patna, on which basis Alamganj P.S. Case No.81 of 2001 was instituted and the petitioner was sent in jail.

(3.) On consideration of the application filed on behalf of the opposite party no.2 under Section 125 of the Code of Criminal Procedure, the show cause filed on behalf of the petitioner and the evidence adduced on behalf of both the parties, the learned Principal Judge, Family Court, Patna, while held that the opposite party no.2 is not entitled for maintenance under Section 125 of the Code of Criminal Procedure as she is not legally wedded wife of the petitioner, however, invoking the jurisdiction under Section 26 of the Protection of Women from Domestic Violence Act, 2005, ordered under Section 20 of the Protection of Women from Domestic Violence Act, 2005, to the petitioner to pay Rs.3000/- per month to the opposite party no.2 by way of monetary relief towards maintenance from the date of the order as relationship of the opposite party no.2 and the petitioner will come under the definition of domestic relationship as defined under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, and the opposite party no.2 is aggrieved person as defined under Section 2(a) of the Protection of Women from Domestic Violence Act, 2005.