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PREM NARAYAN SINGH
Kewalsingh – Appellant
Versus
Durgabai – Respondent
ORDER
With the consent of the parties heard finally.
1. This order shall govern the disposal of these criminal revisions as they are arisen out of same order dated 13.5.2017 passed in Miscellaneous Judicial Case (Criminal) No. 230/2015 by the learned Principal Judge, Family Court, District-Rajgarh. Hence, they are heard analogously and are being decided by this common order.
2. These criminal revisions have been filed by the petitioners under section 19(4) of Family Court Act, 1984 read with section 397/401 of Cr.P.C. being aggrieved by the judgment dated 13.5.2017, passed in MJC(Cri) No.230/2015, by learned Principal Judge, Family Court, District-Rajgarh (Biaora) whereby the learned Family Court has rejected the application filed under section 125 of Cr.P.C on the ground that applicant/wife has failed to prove that she being the legal wife of the respondent/husband, is liable to receive the maintenance. Whereas the maintenance of Rs.4,000/- was awarded to petitioner No. 2/Chanchal per month from the date of filing of application. Further, the wife-Durga Bai and daughter-Chanchal will be addressed as petitioner Nos. 1 and 2 while husband-Keval Singh will be addressed as respondent.
3
A second marriage is void if the first is not dissolved; thus, a second wife cannot claim maintenance unless legally recognized under Section 125, Cr.P.C.
`(1) Only a legally wedded wife can claim maintenance under Section 125 of Cr.P.C.(2) Decree of divorce can only be granted by Court and divorce by agreement is not valid in eyes of law.
Once such presumption of a lawful marriage commenced to operate in favour of a marriage which has taken place in fact, such a presumption alone would be good enough to entitle the wife to maintain.
Maintenance can be granted under Section 125 Cr.P.C. based on a marriage-like relationship, without strict proof of marriage; primary focus is on neglect and economic capabilities.
A husband must ensure his wife’s financial support and maintain her standard of living unless he proves his inability to earn, as emphasized under Section 125 Cr.P.C. and the Domestic Violence Act.
Wife entitled to maintenance under Section 125 CrPC where husband fails to prove adultery or unjust refusal to cohabit; award upheld based on evidence of husband's business/land income contra labour ....
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