RAMCHARAN SINGH Vs. SUSHILA DEVI

JUDGEMENT

(1.) The respondent Smt. Sushila Devi filed an application under Section 125, Cr. P.C. before the learned Family Court, Jodhpur, against the petitioner Ramcharan Singh alleging that she was married on 26-1-1985 as per the Hindu Rites to the petitioner, who has neglected to maintain her and she was unable to maintain herself. The learned Family Court after considering the evidence produced by both the sides and arguments advanced, vide his order dated 16-11-1994 allowed the application and the husband petitioner was directed to pay the maintenance of Rs. 350/- per month with effect from 17-2-1993. Aggrieved by that, the husband petitioner has filed this revision petition under Section 19 of the Family Courts Act 1984, hereinafter referred to as 'the Act, 1984'.

(2.) I have heard the arguments of both the sides.

(3.) The husband has pleaded before the Family Court that prior to the marriage of the petitioner and the respondent, both were already married and had their spouses alive and no divorce as per law was obtained. Learned counsel for the petitioner has contended that the marriage of the petitioner and the respondent is null and void under the Hindu Marriage Act and, as such, she was not entitled to any maintenance.