Sunita Devi vs Binod Sao
2021 Latest Caselaw 4336 Jhar

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      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Cr. Revision No.1622 of 2017

       1.    Sunita Devi
       2.    Yasoda Kumari                             ......       Petitioners
                                   Versus
       Binod Sao                                       ......   Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR

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For the Petitioners : Mr. Anil Kumar Sinha, Advocate For the O.P : Ms. Rashmi Kumar, Advocate

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                   nd
06/Dated: 22            November, 2021

1. The present revision application has been filed against the judgment dated 28.08.2017, passed by the court of learned Principal Judge, Family Court, Koderma, in Original Maintenance Case No.87 of 2016, whereby the maintenance has been refused to the wife.

2. It has been submitted by the learned counsel for the revisionists that although petitioner No.01 is the second wife but the marriage was performed and she lived as the wife and she has been blessed with daughter also out of the said wedlock, and as such, she is entitled for the maintenance under Section 125 of the Cr.P.C.

3. On the other hand learned counsel appearing on behalf of the husband has opposed the prayer. It has been submitted that she is the second wife and the marriage is not valid and further she is capable to maintain herself.

4. Having heard learned counsel for the parties and on perusal of the record, It appears that it is the second marriage between the parties. The wife was aware regarding the previous marriage of the husband. It further appears that the court below has recorded the finding that the wife is residing in the matrimonial home and she is quite capable to maintain herself.

Since the marriage was invalid and further the wife is capable to maintain herself and as such the maintenance has been refused to the wife.

5. In view of the above discussions and considering the the findings recorded by the court below, I do not find any reasonable reason to interfere with the impugned judgment, accordingly the present criminal revision application is, hereby, dismissed.

(Rajesh Kumar, J.) Chandan/-