RAM NIWAS Vs. SMT. KAMAL

JUDGEMENT

(1.) Aggrieved by the order dated 21.07.2009 passed by the Family Court, Kota whereby the learned Judge had granted a maintenance of Rs.2000/- per month to the non-petitioner, Smt. Kamal, the petitioner, Ram Niwas has approached this Court.

(2.) The Brief facts of the case are that in 1989, the petitioner and the non-petitioner were married according to the Hindu customs and rites. According to Smt. Kamal, at the time of marriage, Ram Niwas was a student in an engineering college in Kota. However, after the marriage, he was appointed at the Thermal Power, Kota. Subsequently, he got a job at Nasik. But even during his stay at Nasik, he was periodically visiting Smt. Kamal. Subsequently, he went for training to Delhi where he entered into a second marriage. After his second marriage, he has neglected to maintain Smt. Kamal. Therefore, against Ram Niwas, she filed an application for maintenance under Section 125 of Cr.P.C. Ram Niwas filed his written statement and claimed that he was not married to Smt. Kamal. Instead, they were tenants in the same building for four to five months. He further claimed that, at best, Smt. Kamal was an acquaintance. He further stated that she was earlier married to a constable. She had lost her husband and has concocted this entire case against him.

(3.) In order to buttress her case, Smt. Kamal examined five witnesses. In turn, Ram Niwas also examined five witnesses. After going through the oral and documentary evidence, vide order dated 21.07.2009, the learned Judge granted a maintenance of Rs.2,000/- as mentioned above. Hence, this petition before this Court.