Bilaspur. The High Court has given a big order on the petition of the husband to avoid paying the amount of maintenance to the wife and children. The High Court has said that without divorce and the second marriage of the wife, the husband cannot be free from maintenance. The Single Bench of Justice Naresh Kumar Chandravanshi of the High Court has dismissed the petition challenging the order of the Family Court by the husband. This decision of the court has brought great relief to the wife and children.
The case is of the Bemetara district. The woman living in Atal Vihari Colony of Bemetara was married to Anil Verma, a resident of Singhori. After marriage, they had two children. During this, there was a dispute between husband and wife. Due to this, the husband threw the wife and children out of the house. Then the wife started living in the maternal house with her children. After separating from the husband, the wife filed a complaint under section 125, demanding the amount of maintenance for herself and the children. In January 2018, the family court ordered husband Anil to pay Rs 1,500 for the maintenance of his wife and Rs 1,000 each for two children. Then husband Anil submitted an application under section 127 in the family court of Bemetara. It alleged that his wife lives with another person. As evidence, the husband also presented a settlement deed of another person. But, the court rejected this application, rejecting it.
On this, husband Anil filed a criminal revision petition in the High Court and said that his wife has got married. Due to this now the circumstances have changed. Therefore, he should be kept free from giving maintenance. In this case, the wife objected. His lawyer Sameer Singh told the court that he was not aware of any such settlement. It does not even have the signature of the wife. He told that Anil's wife has not married anyone. Still, she is there as Anil's wife. He is neither divorced nor married for the second time.
The matter was heard in a single bench of Justice NK Chandravanshi. The court held that unless the husband and wife are duly divorced or if the wife does not remarry, the husband will have to provide maintenance as per the provision. With this order, the court dismissed the criminal revision petition of the husband.