The High Court of Chhattisgarh dismissed a Criminal Miscellaneous Petition under Section 482 CrPC challenging a revisional order granting maintenance. The court upheld the chance marshaled to the wife and minors, rejecting the petitioner's claim that the marriage was invalid and that the revisional court erred in appreciating the evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRIMINAL MISC. PETITION NO. 477 OF 2016
Uttam S/o Ganesh Ram Shrivas, Aged About 38 Years R/o Village Singarpur, Tahsil Bhatapara, Police Station Bhatapara, District Baloda Bazar, Chhattisgarh.
… Petitioner
Versus
All R/o K.K. Ward, Bhatapara, Tahsil Bhatapara, Police Station Bhatapara, District Baloda Bazar, Chhattisgarh.
… Respondents
For Petitioner : Shri Manoj Mishra, Advocate. For Respondents : Shri HB Agrawal, Sr. Advocate with Smt. Meera Jaiswal, Advocate.
Hon'ble Shri Justice P. Sam Koshy
Order on Board
19/07/2016
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establish her valid and proper marriage with the petitioner. He further submits that inspite of the fact that petitioner had been proceeded exparte, yet the court below found that there was no proof of marriage between the petitioner and the respondent No.1. There is no evidence to the effect that the petitioner and the respondent No.1 were living together for a long time as cohabiting partner. Therefore, in the absence of any evidence, the finding of the trial court was just and proper, however, the revisional court has not properly appreciated the facts and has reversed the order passed by the trial court by granting maintenance amount as mentioned in the paragraph-1 of this order.
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did take into consideration the evidence which had been led on behalf of the respondent-wife. It is also submitted that PW-2, Basant and PW-3, Santosh Kumar who were the co-villagers of the same vicinity have made statement that petitioner and the respondent No.1 had stayed together as Husband and Wife. They had also supported the contentions of the respondent-wife of having witnessed the marriage of the two and they were also invitees in the marriage ceremony. In addition, the court below has also taken note of the evidence of the sister of the respondent-wife i.e. PW-4, Sushma who also has supported the deposition given by PW-2, Basant and PW-3, Santosh Kumar.
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Sd/- (P. Sam Koshy) JUDGE
inder
2 issues framed by the court
Whether to quash or dismiss a Criminal Miscellaneous Petition under Section 482 CrPC challenging a revisional court order granting maintenance.
Whether the revisional court's finding regarding the validity of marriage and maintenance award withstands scrutiny when the petitioner failed to contest the case.
1 provisions across 1 enactments
Uttam S/o Ganesh Ram Shrivas
Jamuna W/o Uttam Shrivas
Jaishri S/o Uttam Shrivas
Kumari Uma D/o Uttam Shrivas
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
