Babboo vs Rukhsar Bano
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Allahabad High Court

Babboo vs Rukhsar Bano on 3 January, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:446
 
Court No. - 27
 

 
Case :- CRIMINAL REVISION No. - 1415 of 2023
 

 
Revisionist :- Babboo
 
Opposite Party :- Rukhsar Bano
 
Counsel for Revisionist :- Shashank Singh
 

 
Hon'ble Subhash Vidyarthi,J.
 

Heard Sri Shashank Singh, the learned counsel for the revisionist and perused the records.

The revisionist has assailed the validity of the judgment of the order dated 14.09.2023, passed by the learned Principal Judge, Family Court, Lakhimpur Kheri in Case No.269 of 2021: Rukhsar Bano Vs. Babloo, under Section 125 Cr.P.C. directing the revisionist to pay Rs.3,000/- per month as maintenance to the opposite party, who is the revisionist's wife.

The learned counsel for the revisionist has submitted that the opposite party left her matrimonial home out of her own and the applicant has never neglected to maintain her.

It is recorded in the order under challenge that the revisionist had contracted marriage with the opposite party on 18.04.2019. The opposite party left her matrimonial home in February, 2021 and she has filed an application under Section 125 Cr.P.C. on 04.03.2021. During pendency of the aforesaid application the revisionist contracted the second marriage in the month of July, 2021. The Family Court has taken into consideration the explanation appended to Section 125 (3) Cr.P.C., which states that 'if a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him'. Therefore, the revisionist having contracted a second marriage in July, 2021, after second marriage of the revisionist, the refusal of the opposite party to live with the revisionist is for just ground and the order directing the revisionist to pay the maintenance to his first wife cannot be assailed on the ground that the revisionist is ready and willing to keep the opposite party with him, although he has contracted a second marriage and the second wife is also living with the revisionist.

The revision lacks merit and the same is accordingly dismissed.

.

(Subhash Vidyarthi, J.)

Order Date :- 3.1.2024

Ram.