Del HC | Factum of marriage; held is a matter of trial; award of interim maintenance to wife under S. 125 CrPC upheld

Delhi High Court: Manoj Kumar Ohri, J. dismissed a revision petition filed by the petitioner challenging the order passed by the Family Court whereby it had allowed the application under Section 125 CrPC (order for maintenance of wife, children and parents) filed by the respondent and directed the petitioner to pay her Rs 7500 per month as interim maintenance.

The petitioner, represented by Satish Chand, Advocate, contended that he was never married to the respondent, though he used to visit the tea stall owned by her. It was submitted that the respondent has taken undue advantage of friendly relations with the petitioner.

Per contra, the respondent, represented by A. Banerjee, Advocate, submitted that the petitioner was married to the respondent, but neglected to maintain her. The respondent opposed the instant petition.

Perusing the record, the High Court was of the opinion that the fact of the marriage of the petitioner with the respondent is a matter of trial. Reference was made to Lalita Toppo v. State of Jharkhand, 2018 SCC Online SC 2301 and Badshah v. Urmila Badshah Godse, (2014) 1 SCC 188, wherein the Supreme Court has held that even an estranged wife or live-in-partner would be entitled to maintenance under Section 125 CrPC.

In such view of the matter, the Court did not find any infirmity or illegality in the impugned order passed by the Family Court. Consequently, the present revision petition was dismissed.[Vijay Pal v. Shobha Devi, 2019 SCC OnLine Del 10224, decided on 20-09-2019]

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