MANTUSH CHOUDHURY @ MANTU CHOUDHURY Vs. STATE OF ASSAM
LAWS(GAU)-2018-2-88
HIGH COURT OF GAUHATI
Decided on February 15,2018

Mantush Choudhury @ Mantu Choudhury Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

MIR ALFAZ ALI - (1.) This criminal revision is directed against the judgment and order dated 29.04.2017 passed by the Principal Judge, Family Court No. 1, Guwahati in F.C.(Crl.) No. 17/2016. By the said judgment, the learned Principal Judge, Family Court granted maintenance @ Rs. 7000/- per month in favour of the respondent.
(2.) The respondent/first party filed an application under Section 125 CrPC before the Family Court praying for granting maintenance. The respondent/first party stated in her petition that she was in love with the present petitioner for long time. They were also in sexual relationship and the respondent became pregnant through the petitioner. She got her pregnancy terminated by consuming tablet provided by the petitioner. The respondent was insisting the petitioner to marry her, but the petitioner was delaying and postponing the marriage and ultimately decided to marry the respondent and on 25.07.2014 marriage between the petitioner and the respondent was solemnized in the house of the maternal uncle of the respondent. After marriage, they remained for about 18 days in the house of the said maternal uncle of the respondent and thereafter the petitioner left the respondent. The respondent came to know that the petitioner developed elicit relation with another woman and ultimately started avoiding the respondent and did not even take her call. Finding no other way, the respondent filed criminal proceeding under the domestic violence act and also the petition under Section 125 CrPC claiming maintenance.
(3.) The petitioner as second party contested the petition, interalia, on the ground that there was no relationship of husband and wife between the petitioner and the respondent, as no marriage was solemnized between them. According to the respondent, story of marriage was a mere concoction. Both the parties adduced evidence and the learned Family Court on appreciation of evidence adduced by the parties granted maintenance in favour of the respondent as indicated above.;


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