BELA SOREN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the Opposite Party No. 2 and learned Additional Public Prosecutor representing the State of Bihar.

(2.) The petitioner is aggrieved by an order, dated 18.07.2014, passed by learned Additional Principal Judge, Family Court, Katihar, in Maintenance Case No. 110 of 2006, whereby he has rejected an application filed by the petitioner, under section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for allowing monthly maintenance allowance at the rate of Rs. 4,000/-.

(3.) From the impugned order, I find that the learned Court below has refused to grant the petitioner monthly maintenance allowance on the sole ground that when this petitioner claimed to have married the Opposite Party No. 2 in the year 2006, the Opposite Party No. 2 was already married since 1995 and was having children out of that wedlock. The learned Court below has recorded, in the impugned order, that since the petitioner and her father did not take trouble to know the whereabouts of the Opposite Party No. 2, who was already married, the petitioner cannot claim herself to be the legally wedded wife of Opposite Party No. 2. Learned Court below has recorded that the petitioner, being the second wife of Opposite Party No. 2, was not entitled to maintenance allowance to be paid by the Opposite Party No. 2.