PATNA, India, Oct. 3 -- Patna High Court issued the following judgment on Sept. 4:

1.In the instant proceeding under Section 19 (4) of the Family Courts Act challenges a final order of maintenance passed by the learned Principal Judge, Family Court, Saran at Chapra on 24th of May, 2024 directing him to pay maintenance allowance to the opposite party / wife at the rate of Rs. 20,000/- per month.

2.It is not in dispute under the facts and circumstances of this case that the opposite party was a divorcee and her marriage with the petitioner was her second marriage. It also appears from the materials on record that the petitioner came to know the opposite party from a matrimonial site and their marriage was settled. It is stated by the petitioner that at the time of dissolution of first marriage, the opposite party got Rs. 40 Lakhs towards final settlement of alimony and she had adequate source and sufficient means to maintain herself independently.

3.The petitioner has alleged that the opposite party/wife is in the habit of duping different young men with the sole motive of earning huge amounts of money after marriage, either by way of alimony or claiming maintenance allowance. Even during the strained relation with the petitioner, the opposite party started to find out another person as a groom to whom she could marry

4.The petitioner has challenged the impugned order of maintenance directing him to pay Rs. 20,000/- per month on the ground that she received a sum of Rs. 40 Lakhs as a final settlement of alimony from her first husband. She earns considerable interest per month from the said money. Secondly, she is academically qualified, having M.Sc. degree in Botany. She is also a diploma holder in Japanese language and is capable of earning money not only for her livelihood but a decent sum to run a luxurious life.

5.The petitioner, on the other hand, has his obligation for his old and ailing parents aged about 80 years and 75 years respectively. It is further contended by the petitioner that the respondent has suppressed her previous marriage and settled her marriage with the petitioner. Their marriage was solemnized on 16th of February, 2020 at Arya Samaj Mandir, Ghaziabad, according to Hindu Vedic Rites and Ritual. At the time of marriage, the opposite party had sworn an affidavit declaring herself unmarried. On the basis of such false affidavit, the opposite party married with petitioner by fraud in obtaining free consent to marriage.

6. It is also alleged by the petitioner that within 3 months of marriage, the opposite party refused to cohabit with the petitioner. She also refused to take care of his parents, abused them with filthy language, threatened them to implicate in criminal case by lodging false complaint and also assaulted him on 10th of October, 2020.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NyM2NzYjMjAyNCMxI04=-vI5OaVSG7M8=

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