AJAY KUMAR Vs. KANTA

JUDGEMENT

(1.) The petitioner, Ajay Kumar, is aggrieved by the order dated 01.10.2011 passed by the Family Court No.1, Jaipur, whereby the learned Court has directed him to pay a maintenance of Rs.2000/- to the non-petitioner wife, Smt. Kanta.

(2.) Brief facts of the case are that the petitioner, Ajay Kumar and the non-petitioner, Smt. Kanta were married on 29.05.1989, according to Hindu Customs and Rites. Out of the wedlock, two children were borne, namely Monika and Hitesh. However, subsequently differences arose between the parties. According to the non-petitioner, Smt. Kanta, her husband, the petitioner, subsequently married another lady, namely Rekha. She further claimed that her husband never divorced her. Instead, she was thrown out of the matrimonial home. The children continued to live with her husband. Since, she is unable to look after herself, she had filed an application under Section 125 Cr.P.C.

(3.) Petitioner filed a reply to the said application. According to him, in the light of the custom prevailing in their Community, both, the husband and the wife had taken "Chhutkara" from each other. A document was duly executed on stamp paper and was duly attested by the witnesses. After going through the evidence, by order dated 03.11.2010 the learned Family Court dismissed the application filed under Section 125 Cr.P.C.