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2017 Supreme(Chh) 50

DEEPAK GUPTA
Sukhraji W/o Puran Prasad – Appellant
Versus
Puran Prasad S/o Dhuldhul Ram – Respondent


Advocates Appeared:
For the Applicant : Shri Atanu Ghosh
For the Non-Applicant : Shri Prakash Tiwari

ORDER :

Deepak Gupta, J.

This criminal revision is directed against the order dated 26.06.2006 passed by the Judge, Family Court, Ambikapur, District Surguja, in Miscellaneous Criminal Case No. 233 of 2005 whereby the petition filed by the Applicant under Section 125 of the Code of Criminal Procedure (for short 'CrPC') for grant of maintenance was dismissed.

2. The main question which arises for consideration in this revision petition is whether a woman who entered into a marriage with a person and which marriage, strictly speaking is not a legal marriage, but they have lived together as husband and wife for a long time, can claim maintenance in terms of Section 125 CrPC or not?

3. Section 125 CrPC reads as follows :

"125. Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain its


































































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