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2021 Supreme(Del) 1472

SUBRAMONIUM PRASAD
Sunder Lal Saini – Appellant
Versus
Meena Saini – Respondent


Advocates appeared:
Ram Kishan Saini, Advocate, Upasana Nath, Advocate

JUDGMENT

Subramonium Prasad, J. - This petition under Section 125 Cr.P.C. is for setting aside the order dated 03.07.2020, passed by Ld. Principal Judge, Family Courts, Shahdara District, Karkardooma Courts, Delhi, in C.C. No. 359/2018, wherein the Ld. Trial Court granted maintenance of Rs. 4200/- per month to be paid by the Petitioner herein to the Respondent.

2. The facts leading up to the filing of this petition are as follows:

    i. It is stated that the Petitioner herein was married to the Respondent as per Hindu Rites and Customs on 18.11.1999. In September 2011, the Respondent herein filed a petition under Section 125 Cr.P.C before the Ld. Trial Court. A Reply to that petition was filed by the Petitioner on 29.05.2013 stating that the Respondent as well as the Petitioner were already married to their respective spouses at time of the alleged marriage between the two parties, and therefore, the Respondent was not entitled to any maintenance on the ground that the alleged marriage was null and void.

    ii. The Ld. Trial Court on 08.10.2013 dismissed the Respondent"s Application for Interim Maintenance stating despite the Petitioner herein having admitted to physical relations between hi

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