Decided on September 25,2012

Smt. Charan Kaur Appellant


Servesh Kumar Gupta, J. - (1.) THE challenge in this revision is to the judgment and order dated 28.02.2012 passed by Judge, Family Court, Udham Singh Nagar whereby learned Judge has denied to grant maintenance to Charan Kaur (revisionist) from Paramjeet Singh (respondent) on the ground that in her statement she admitted her previous marriage with one Sukhdev Singh. She also admitted that no valid decree of divorce or annulment of marriage, from her previous Husband, was passed by the competent court. From perusal of record, it is evident that revisionist was living with Paramjeet Singh because his wife had died.
(2.) LEARNED counsel for the revisionist argued that Charan Kaur hails from such a family and caste, which has prevailing custom to segregate relations from her husband by mutual settlement and terms of settlement reduced into papers and a sheet is offered upon the body of a lady to cover her by a man with whom she accepts her new company/espousal and this was exactly done in the case of Charan Kaur, so taking divorce, by means of a valid decree from the court, was not necessary. Learned counsel for the revisionist further argued that Charan Kaur and her family were living in so penury that they did not have sufficient means to knock the door of court and seek decree of divorce. Otherwise also, in the Mitakshra School of Hindu Law, which is applicable in northern India, the Custom prevails over the statutory law.
(3.) LEARNED counsel for the revisionist relied upon the precedent of Bombay High Court in the case of Rajeshbai v. Shantabai reported in : AIR 1982 Bom 231 wherein it was held that in appropriate cases the Court can grant relief of maintenance to a woman notwithstanding the fact that marriage was void.;

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