Crl.Rev.No. 3041 of 2009 (O&M) 1 In the High Court of Punjab and Haryana at Chandigarh Crl.Rev.No. 3041 of 2009 (O&M) Date of decision: 20.7.2011 Devender Singh Malhotra ......Petitioner Versus Manjeet Kaur .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Vikas Kumar, Advocate, for the petitioner. Mr.Rajesh Lamba, Advocate for the respondent. **** SABINA, J. Respondent had filed a petition under Section 125 of the Code of Criminal Procedure seeking maintenance against the petitioner. The case of the respondent, in brief, was that she was married to the petitioner on 28.4.2000 as per Sikh Rites. However, no child was born to the parties out of the wedlock. The petitioner and his family members were not satisfied with the dowry brought by the respondent and hence, she was thrown out of the matrimonial home on 28.9.2001. The case of the petitioner, on the other hand, was that no valid and legal marriage had been performed between the parties. The respondent was already married to Harish Bhatia on the alleged Crl.Rev.No. 3041 of 2009 (O&M) 2 date of marriage i.e. 28.4.2000. It was further averred that the petitioner was suffering from various ailments. Since there was none to look after the petitioner, he gave a matrimonial advertisement in the newspaper and on the basis of the same, he was called to the Gurudwara Singh Sabha and his photographs were taken with the respondent. Signatures of the petitioner were also taken on the register maintained by the Gurudwara. A petition had been filed by the petitioner under Section 11 of the Hindu Marriage Act, 1955 (the Act for short) for declaration that the alleged marriage between the parties was a nullity. Respondent had filed a petition under Section 9 of the Act for restitution of conjugal rights. The said petition was got dismissed as withdrawn by the respondent on the pretext that a compromise had been effected between the parties. Vide order dated 6.8.2009, maintenance to the tune of ` 3,000 per month was allowed to the respondent w.e.f. 1.1.2005. Hence, the present petition. After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be dismissed. Annexure P-1 is the certificate issued by the Gurudwara Siri Guru Singh Sabha (Regd.), Sector 15, Faridabad to the effect that the marriage ceremony had been performed qua the parties on 28.4.2000. Annexure P-2 is the receipt issued by the Gurudwara Sahib on account of ` 400 received from the petitioner regarding Anand Karaj ceremony. Admittedly, the petitioner had filed a petition under Section 11 of the Act for annulment of his marriage with the Crl.Rev.No. 3041 of 2009 (O&M) 3 respondent. The said petition was dismissed in default vide order dated 8.10.2002. In these circumstances, the plea put forth by the petitioner that the respondent was not his legally wedded wife had been rightly rejected by the trial Court. The respondent, on the other hand, had placed on record the marriage certificate duly issued by the Gurudwara Sahib qua the marriage of the parties. The petitioner was employed with All India Institute of Medical Sciences as a Lab Technician and was earning ` 11,180/-. The petitioner had failed to substantiate his plea by leading any documentary evidence to the effect that he was suffering from various ailments. The petitioner had failed to maintain the respondent. The Family Court, thus, rightly allowed the application filed by the respondent in view of the facts and circumstances of the present case. No ground for interference in the impugned order by this Court is made out. Dismissed. SABINA) JUDGE July 20, 2011 anita