KUSHESHWAR SINGH Vs. SUDHA DEVI

JUDGEMENT

(1.) THE appellant has filed this appeal under section 19 of the Family Court Act (hereinafter referred to as 'the Act ') against the judgment dated 30.8.1997 passed by the Principal Judge, Family Court, Patna, dismissing the suit filed by the appellant for declaration that respondent - Sudha Devi is not his legally wedded wife and the order passed in Maintenance Case No. 6/1986 under section 125 of the Code of Criminal Procedure (for short 'the Code ') is illegal and void; and the respondent be restrained from taking any step for implementation of the aforesaid order of maintenance.

(2.) THE materials on the record show that the appellant and the respondent both are handicapped persons and the appellant is employed in the Department of Education, Government of Bihar. According to the appellant, the respondent is not his legally wedded wife. The father of the respondent approached him for marriage, but he refused and, thereafter, a false claim of maintenance was made under section 125 of the Code, which was wrongly allowed by the Sub - Divisional Judicial Magistrate, Barh, and a direction was issued for payment of Rs. 500/ - per month by way of maintenance to the respondent.

(3.) THE appellant examined himself as a witness, whereas, the respondent examined six witnesses, including herself as 0.P.W.1, her father Ram Charitar Sharma as O.P.W.2, the Purohit and Hajam, who participated in the marriage as O.P.W.3 Anand Sharma and O.P.W.4 Ram Lakhan Thakur, respectively, a co -villager Birendra Sharma as O.P.W.5 and one Maha Devi as 0.P.W.6, who is said to have supplied elephant pitcher made of mud for the marriage ceremony of the respondent.