LAWS(MPH)-2013-4-228

SHAILENDRA ALIAS PINTU CHOUHAN Vs. KALPANA & ANOTHER

Decided On April 12, 2013
Shailendra Alias Pintu Chouhan Appellant
V/S
Kalpana And Another Respondents

JUDGEMENT

(1.) The applicant has preferred the instant revision against the order dated 25.10.2010 passed by the learned JMFC Sagar (Shri Manish Lovanshi) in MJC No.10/2008, whereby the maintenance of Rs.3,000/- and Rs.2,000/- was granted to the respondents No.1 and 2 respectively.

(2.) The brief facts relating to the present revision are that the respondents moved an application under Section 125 of Cr.P.C. against the applicant that the respondent No.1 was married to the applicant and the respondent No.2 was born due to that marriage. The applicant harassed the respondent No.1 for demand of dowry etc., and thereafter she was ousted from the house of the applicant. She had lodged an FIR against the applicant on 14.7.2006 at Police Station Naryawali District Sagar. The respondents gave the particulars of income of the applicant and the particulars of their own expenditure, and therefore claimed maintenance of Rs.8,000/- for the respondents.

(3.) The applicant in his reply denied all the allegations made in the application. He denied that any marriage took place with the respondent No.1 or the respondent No.2 was his son. He denied his income. He has stated that the applicant was falsely implicated in the matter. Actually an engagement of the applicant was fixed with the respondent No.1, but he knew that the character of the respondent No.1 was not good, and therefore the marriage could not take place. The respondent No.1 misused the invitation card printed for that marriage, therefore it was prayed that the maintenance application of the respondent No.1 be dismissed. The applicant has also submitted that he was duly married with one Sandhya in the year 1998, and therefore there was no possibility of marriage of the applicant with the respondent No.1.