The court emphasized strict adherence to procedural requirements under Section 125 of the Cr.P.C. for maintenance claims and that failure to submit affidavits of disclosure invalidates maintenance orders.

JUDGMENT :

SANJEEV KUMAR SHARMA, J.

1. Heard Mr. P. Deka, learned counsel for the petitioner and also heard Mr. D. Choudhury, learned counsel for the respondent.

2. This Revision is directed against the judgement and order dated C 23.06.2023 passed in F.C. No. 106 /2022 by the learned Principal Judge, Family Court, Nalbari whereby and whereunder the learned Principal Judge, Family Court, Nalbari while allowing the application filed under Section 125 if the Cr.P.C by the respondent directed the petitioner to pay Rs. 6,000/- per month to the respondent towards maintenance allowance from the date for filing the original application under of the Cr.P.C.

3. The brief facts of the case leading to the filing of the application under Section 135 Cr.P.C by the respondent herein are as follows:-

The first party's/(Respondent herein) case, in brief, is that after the death of her former husband she along with her minor daughter aged about 10 years was residing in her father's house. Then the second party/(Petitioner herein) proposed to marry her and promised that he would keep her daughter as his own child and would take care of her overall welfare. The wife of the second party also expired. The first party being convinced by the said promise of the second party decided to marry the second party. Accordingly, on 13.09.2021 they entered into a marriage agreement before the Notary Public, Nalbari vide R/No.475, SI No. 05. Thereafter, the second party married her observing the religious rites, and took the first party to his cohabitation. The first party further averred that after marriage, the second party kept her very well by giving the complete status of his wife. But, after four months of marriage, the second party and his son Ashim Haloi started torturing the first party and her minor daughter. Even the second party insulted the first party in the presence of her daughter. She endured all such torture silently in order to save the marriage but on 12.04.2022 the second party and his son Ashim Kumar Haloi tortured the first party and her daughter physically and mentally and at about 10 AM drove them out of their house and threatened that if they returned home again, they would kill her daughter. Having found no other alternative, she took shelter in her father's house. The first party further averred that due to her second marriage with the second party, she has lost all the rights to the property of her former husband. Since the day she has been staying in her father's house, the second party has not taken any information about them nor has paid anything to them for their maintenance. The first party does not have any income while the second party is an able-bodied person and is a government employee and gets Rs.48,000/- per month as salary. The first party has been spending her days miserably with her child. With the above, she has prayed for a maintenance allowance for herself and her minor daughter.

On receipt of the notice the second party entered his appearance and contested the case by submitting a written statement wherein he averred that the first party is a person of immoral character. It is admitted that on 13.09.2021 he and the first party entered into a marriage agreement before the Notary Public, Nabari. He denied the performing of any social marriage with the first party observing rites and rituals. He has admitted that he is a government employee. It is further contended that since there was no social marriage, the question of giving the status of his wife to the first party does not arise. The second party further stated that after the execution of the marriage agreement, he took the first part