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2018 Supreme(MP) 934

VIVEK AGARWAL
RajKumar Raghuvanshi Lakhera – Appellant
Versus
Radha Lakhera – Respondent


JUDGMENT :

1. This First Appeal has been filed by the appellant under Section 19 of Family Court Act, 1984 challenging the order dated 03.05.2014 passed by the Court of Additional Principal Judge, Family Court, Gwalior, in Case No. 204/2011 (Smt. Radha Lakhera Vs. Rajkumar Raghuvanshi {Lakhera}).

2. Vide impugned order an application, moved by Smt. Radha Lakhera and her minor daughter Priyanka Lakhera seeking maintenance under Section 125 of Cr.P.C., has been allowed and Court directed that present appellant, who was non-applicant before the Family Court, shall pay monthly maintenance to the tune of Rs. 2,500/-per month in favour of applicant No.1-Smt. Radha Lakhera and Rs. 2,500/-per month for maintenance of applicant No. 2-Kumari Priyanka Lakhera @ Gungun.

3. It is appellant's contention that in fact marriage of respondent No.1 was solemnized with his elder brother Kamlesh Lakhera on 02.07.2002 as per Hindu customs and traditions and therefore, respondent No.1 is neither his legally married wife nor respondent No. 2 is his daughter. It is also submitted that that since there is no decree of divorce between respondent No. 1 and Kamlesh Lakhera, therefore, respondent No. 1 cannot be d

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