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2021 Supreme(Chh) 37

RAJENDRA CHANDRA SINGH SAMANT
Meghraj Sahu, S/o. Brijlal Sahu – Appellant
Versus
Lata Bai, W/o Bisahu Ram Sahu (falsely written as Meghraj Sahu) – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Shri Malay Jain, Advocate.
For the Respondent:Shri Abhishek Sharma, Advocate.

ORDER :

Heard.

1. This criminal revision petition has been brought against the order dated 17.3.2020 passed in M.J.C. No. 154 of 2018, granting monthly maintenance of Rs.3,000/- to the respondent.

2. It is submitted by counsel for the applicant that the impugned order is erroneous and illegal. The respondent has failed to prove that she was legally wedded wife of this applicant. Learned Family Court has erroneously held that although the respondent is not a legally wedded wife of the applicant even then, she was entitled for maintenance. It was clear admission of the respondent in her cross-examination, that she was married to one Bisahu Ram Sahu and she has a son and daughter from that marriage. She also admitted that she has not obtained any divorce from Bisahu Ram Sahu from any Court of law. Another circumstance that was present was that the applicant was already married to one Devki Bai regarding which, the respondent had made admissions in her cross-examination. Therefore, the applicant and the respondent both were married and their spouses were living, hence, the relation between them could not be termed as a valid marriage.

3. Placing reliance on the judgment of Supreme Court in

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