KALU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner is aggrieved by the judgment dated 13.11.2009 passed by Family Court, Udaipur, whereby the learned Judge has granted a maintenance of Rs. 3,000/- per month to Smt. Pattu alias Gattu Bai, the non-petitioner No. 2. Briefly, the facts of the case are that Smt. Pattu filed an application under Section 125 Cr.P.C. for maintenance against the petitioner on the ground that she had been the Nata wife of petitioner for last 35 years and out of their physical relationship children were born. It was averred in the application that the petitioner has another wife also. She stated that she was left by the husband petitioner one year back, and petitioner is now living with another wife and is not maintaining her. She claimed a maintenance of Rs. 7,000/- per month for herself.

(2.) The petitioner submitted his reply and denied the averments made by Smt. Pattu and claimed that non-petitioner Pattu is not his legally wedded wife. He further claimed that Smt. Pattu is now living with her son, Suresh, separately at the instance of her brothers. Therefore, she is not entitled to any maintenance.

(3.) In order to buttress their case, while Smt. Pattu examined four witnesses, the petitioner examined three witnesses. After going through the testimonies, vide judgment dated 13.11.2009, the learned judge granted a maintenance of Rs. 3,000/- in favour of Smt. Pattu as aforementioned. Hence, this petition before this Court.