REKHA ARORA Vs. SATISH KUMAR

JUDGEMENT

(1.) The present petition is preferred against the judgment and order dated 8-12-2012, passed by the learned Judicial Magistrate 1st Class (Forest), Jammu, in a petition under Section 488, Cr. RC. in case titled Rekha Arora v. Satish Kumar. By virtue of the judgment and order impugned, the Court below has rejected the prayer of the applicant-petitioner for interim maintenance on the ground that the petitioner had not made out a prima facie case as she had failed to establish that she was the legally wedded wife of the respondent herein.

(2.) The case set up by the petitioner in the Court below was that she had married the respondent who claimed himself to be a widower and whose children had been married and that he was living independently. It was stated that the petitioner and respondent got married in a simple marriage ceremony solemnized at the residence of the petitioner according to the Hindu rites and customs on 20-1-2008.

(3.) This fact was denied by the respondent. His specific stand was that he was never married the petitioner since he was already married with one Smt. Prem Rani, for the last more than 30 years and that the said marriage was still subsisting. It was stated that the petitioner was trying to blackmail the respondent and that she being a stranger, could not claim maintenance in terms of Section 488, Cr. P.C.