PATNA, India, July 17 -- Patna High Court issued the following judgment on July 10:

1.The present criminal revision has been filed by the petitioner/revisionist, challenging the order, dated 20.06.2024, passed by learned Principal Judge, Family Court, Kaimur at Bhabhua in Maintenance Case No. 76(M) of 2022, whereby and whereunder, the learned court below dismissed the application under Section 125 Cr.P.C., filed by the petitioner, holding the same to be not maintainable on the ground that the petitioner is not the legally wedded wife of the Opposite Party No.1.

2.The brief fact giving rise to the present revision is that the petitioner claims to have been married with O.P. No. 1 in June, 2010 at Village-Damodarpur, P.S.-Bhabhua, and out of the said wedlock, two sons, namely, Veer Kumar Singh and Virat Kumar Singh, were born. The petitioner contends that the O. P. No. 1 is posted as a Constable in Bihar Police at District-Aurangabad, drawing salary of Rs. 45,000/- per month.

3.It has been alleged by the petitioner that for the last six years, O. P. No.1 has abandoned the petitioner and the children has not provided any maintenance, and has severed all contacts. The petitioner, a pardanashin lady, has been surviving with the aid of her aged and ailing father, who is now unable to continue supporting her. This compelled her to file the maintenance petition under Section 125 Cr.P.C.

4.Upon receiving notice of the said maintenance case on 22.08.2022, O. P. No.1 filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955, bearing Matrimonial Case No. 244 of 2022 before the Principal Judge, Family Court, Kaimur at Bhabhua. However, interestingly, on the very date of filing the objection to the maintainability of the maintenance petition i.e., on 05.12.2023, O.P. No. 1 withdrew the divorce petition with liberty to file a fresh petition under a different provision.

5.In his reply filed in the maintenance case, the O. P. No. 1 denied the marriage with the petitioner, asserting that the petitioner is in fact his brother's widow and hence, the marriage, if any, falls within the prohibited degrees of relationship under Hindu Law and is void ab initio. On this basis, he sought dismissal of the petition.

6. The petitioner averred that their marriage was solemnized as per long-standing Hindu customs prevailing in their community, where it is acceptable for a widow to marry the younger brother of the deceased husband. Such customs, it was contended, have been socially recognized and followed since time immemorial.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NyM2NzgjMjAyNCMxI04=-KBYuLxq8lek=

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