The evidence of marriage and negligence can establish entitlement to maintenance allowance under Section 125 of Cr. P.C.

JUDGMENT :

Robin Phukan, J.

Heard.

2. In this Criminal Revision Petition under Section 397/401 of the Code of Criminal Procedure, the petitioner, namely, Naren Das has put to challenge the correctness or otherwise of the judgment and order dated 21.03.2022, passed by the learned Principal Judge, Family Court, Nalbari, in F.C. (Criminal) Case No. 825/2019. It is to be noted here that vide impugned order dated 21.03.2022, the learned Principal Judge, Family Court, Nalbari, had directed the petitioner to pay a sum of Rs. 2,000/- per month to the respondent towards maintenance allowance.

3. The background facts, leading to filing of the present Criminal Revision Petition, are adumbrated as under:—

“Smti. Sandhyawati Das, the respondent herein, filed a case against the petitioner under Section 125 of Cr. P.C. before the learned Principal Judge, Family Court, Nalbari, stating inter alia that in the year 1997 the respondent and the petitioner solemnized their marriage socially on account of their love affairs and lived together as husband and wife at the house of the petitioner. Thereafter, the respondent became pregnant and on 11.10.1998, the petitioner got the respondent admitted at the Mahendra Mohan Chaudhury Hospital, Panbazar, Guwahati, for delivery of baby. But, after admitting the respondent in the Hospital, the petitioner disappeared from there. Thereafter, the respondent gave birth to a child, namely, Pompy Das on 06.11.1998, and the petitioner did not take any information about her. Then the respondent was taken by her father to her matrimonial house and there the respondent was eagerly waiting for the petitioner. Since the date the petitioner left from the Hospital, he kept himself hidden from the respondent for about 22 years. And during the time of hearing of NRC, the respondent met the family members of the petitioner after 22 years and got the information about the petitioner and till date, the petitioner has not given any maintenance or cost in respect of the study of her daughter. Therefore, the respondent had preferred an application before the Family Court, Nalbari for grant of maintenance to herself and for her daughter to the tune of Rs. 13,000/- per month, as because according to the respondent, the petitioner is a businessman and his monthly income is Rs. 25,000/-.

Upon the said petition F.C. (Criminal) Case No. 825/2019 has been registered. The petitioner, on receipt of the notice, entered appearance and contested the case tooth and nail by filing his written statement, denying solemnization of the marriage with the respondent and having physical relation with the respondent. The pleaded case of the petitioner is that he is living in the house of his father-in-law as house son in law (Gharjuwai) after marrying Alka Das in the year 2003 and out of their wedlock a male child was born who is at present 16 years old. Further contention of the petitioner is that Pompy Das is a married woman and the wife of Mahindra Singh of Kokrajhar. He also denied his business and income as stated by the respondent and further he averred that the respondent, in order to grab his property has come up with the instant case with false allegations.

Then hearing the parties the learned Principal Judge, Family Court, Nalbari vide impugned order dated 21.03.2022, has granted maintenance allowance of Rs. 2,000/- per month to the respondent.”

4. Being highly aggrieved, the petitioner approached this Court, challenging the correctness or otherwise of the said order and contended to set aside the same, inter alia, on the following grounds amongst others:—

(i) That, the learned Court below committed error in both law and facts in passing the impugned judgment and order. As such the Court below has acted in exercise of its jurisdiction illegally or with material irregularity;

(ii) That, the respondent had failed to prove the factum of solemnization of marriage and the learned Trial Court granted maintenance allowance without coming to a finding that t