Smt. Pooja Singh W/O Praveen Kumar ... vs Praveen Kumar
2023 Latest Caselaw 3431 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                             ON THE 27 th OF FEBRUARY, 2023
                                          CRIMINAL REVISION No. 4956 of 2022

                          BETWEEN:-
                          SMT. POOJA SINGH W/O PRAVEEN KUMAR SINGH D/O
                          SHYAM NARAYAN SINGH, AGED ABOUT 32 YEARS,
                          VILLAGE H.NO. 96 MAHKAL CITY NEAR BASAL
                          COLLAGE BHOPAL DISTRICT BHOPAL (MADHYA
                          PRADESH)

                                                                                        .....PETITIONER
                          (BY MS. SANDHYA DEVI RAJAK - ADVOCATE )

                          AND
                          PRAVEEN KUMAR S/O LATE RAMKISHAN SINGH, AGED
                          ABOUT 40 YEARS, NEW BASTI CANT LILNATHA BIJNOR
                          LUCKNOW U.P. AT PRESENT OFFICE ADDRESS 160
                          ARMY HOSPITAL 99 APO MASIMPUR SILCHAR (ASSAM)

                                                                                      .....RESPONDENT
                          (NONE )

                                This revision coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

The petitioner has filed this revision petition under Section 397/401 of Cr.P.C. being aggrieved by the impugned order dated 23.11.2022 passed in M.Cr.C. No. 547/2021 passed by Principal Judge Family Court Bhopal whereby application for ad-interim maintenance filed by the petitioner has been rejected.

From the impugned order it reveals that prima-facie petitioner is not found legally wedded wife of the respondent and whether the marriage has been Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 3/2/2023 4:28:51 PM

taken place or not is the matter of evidence, therefore, learned Family Court has rightly relied upon the judgment delivered in the case of Savitaben Somabhai Bhatiya vs State Of Gujara, 2005 (3) SCC 636, in which it has been held that the appellant was not legally wedded wife of respondent No.2, therefore, she is not entitled for ad-interim maintenance.

On due consideration, this court is not inclined to interference in the matter as it is an interlocutory order.

Accordingly, revision is dismissed.

(RAJENDRA KUMAR (VERMA)) JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 3/2/2023 4:28:51 PM