Ajay Bhardwaj v. Jyotsna : 2017 (1) Crimes 48 : 2017 (1) DMC 96 : 2017 (1) RCR (Cri) 1 : 2017 (1) RCR (Civil) 13 : 2017 AIIMR (Cri) 43 : 2017 (1) JCC 350 : 2016 SCC Online P&H 9707 : 2017 (1) LRC 601(P&H)
Section 125-Grant of Interim maintenance to first respondent and children-Revision-Parties resided together live-in-relation ship since 2008 and out of such relationship twins were born-be a divorcee whereas first respondent was undergoing a process of getting divorce from her husband, which divorce was finalized in August 2011-Twins born out of such relationship would be entitled to receive maintenance-Family Court seize with the matter and it has to determine whether or not the relationship between revisionist and first respondent was akin to a marriage or not-Interim maintenance granted to first respondent reduced.
Held : Ultimately, by applying the test, as laid down, it came to be 9 of 12 held that the appellant was fully aware that the respondent was a married person with a wife and children and, therefore, was a party to bigamy. While also noting that the parties never entertained any intention to rear children and, thus, by holding that the appellant could not have entered into a live in relationship in the nature of marriage, would not be entitled to any relief under the DV Act.
In the instant case, admittedly, the parties resided together live in relationship since year 2008, out of which relationship two children were born. The petitioner herein, as alleged by respondent No.1, had held himself out to be a divorcee whereas the respondent No.1 herein was undergoing a process of getting divorce from her husband Ajay Sharda, which divorce was finalized in August 2011. Before the said divorce, twins were born in March 2011. On refusal of the petitioner to marry, the differences arose leading to the filing of a petition under Section 125 Cr.P.C. claiming maintenance for respondent No.1 and two minor children.
The question that needs to be determined herein is: whether the respondent No.1 would be entitled to maintenance under Section 125 Cr.P.C. on account of live in relationship, not being a wife. There is no valid marriage between the parties as on the date the petition was preferred. There can be no dispute about the fact that the children being born out of this relationship would be entitled to receive maintenance. This Court, therefore, is not inclined to interfere regarding the quantum of interim maintenance that has been awarded by the Family Court to the children.