Kamala vs M.R.Mohan Kumar

2. Case of the appellants is that marriage between appellant No.1 and respondent was solemnized on 18.07.1998 against the wishes of their parents at Karrighatta temple near Sri Rangapattana and appellant No.2-daughter and appellant No.3-son were born out of the wedlock on 09.05.2001 and 18.07.2003 respectively and they 1 lived in a house on rent in Saraswasthipuram, Mysore. Further case of the appellants is that while the marriage between appellant No.1 and respondent was subsisting, the respondent married one Archana, who was his colleague on 01.04.2005, after which the appellants were neglected by the respondent and he was harassing appellant No.1. Being aggrieved of such treatment from respondent, appellant No.1 filed a police complaint and upon the direction of police, the respondent was paying Rs.3,000/- per month to the appellants towards their maintenance. It is further averred that when they shifted from Saraswathipuram to Chamundipuram, the respondent continued to neglect them. Since appellant No.1 could not maintain herself and her children, she filed a Criminal Miscellaneous No.297/2006 under Section 125 Cr.P.C. claiming maintenance for herself and the children from the respondent.

4. Upon consideration of evidence, the family court held that appellant No.1 has proved that there is husband-wife relationship between appellant No.1 and respondent and that appellants No.2 and 3 are the children born out of the said wedlock and that the respondent was giving her a monthly maintenance of Rs.3,000/- per month. The family court further held that the case of the appellants is supported by the evidence of PW-2 and PW-3 which clearly establish that they lived under the same roof and the society also accepted them as husband and wife. On those findings, the family court vide its order dated 12.08.2008 allowed the appellant’s claim and ordered maintenance of Rs.3,000/- per month to appellant No.1 and Rs.2,500/- per month to each of the appellants No.2 and 3 from the date of petition till the date of judgment i.e. 12.08.2008. From the date of judgment i.e. 12.08.2008, the respondent was directed to pay maintenance of Rs.2,500/- per month each to appellants No.1 to 3.

5. In appeal, the High Court has set aside the order of the family court and held that appellant No.1 was unable to prove that she is the legally wedded wife of the respondent. The High Court further held that she has not produced any evidence to show that 3 the marriage was solemnized as per custom and she, not being the legally wedded wife, is not entitled for any maintenance.

9. In her evidence, appellant No.1 (PW-1) has clearly deposed that before marriage she and the respondent were neighbours and they loved each other and their wedding took place in Karrighatta temple near Sri Rangapattana according to Hindu rituals on 18.07.1998 and that both the families were against their marriage. PW-1 further stated that out of the wedlock, two children a girl and a boy were born on 09.05.2001 and 18.07.2003 respectively. PW-1 further stated that the respondent was working as a Manager in Birla Sun Life Insurance Company and that he had developed illicit relationship with one Archana who was working 5 with him and thereafter, the respondent gradually started harassing appellant No.1 and also neglected her children. PW-1 further stated that she had given a police complaint who had warned the respondent and asked him to pay Rs.3,000/- per month to the appellants and thereafter, they shifted from Saraswasthipuram to Chamundipuram and took a house on rent. PW-1 further stated that the respondent neglected to take care of the appellants and the appellant No.1 not being able to maintain herself and her children, filed a petition under Section 125 Cr.P.C. claiming maintenance.

11. Exts.P7-P8 are the birth certificates of the appellants No.2 and 3 – the daughter and son showing that out of the wedlock, a girl and a boy were born on 09.05.2001 and 18.07.2003 respectively. In Exts.P7 and P8, father’s name is stated as 6 “Mohan Kumar M.R.” and mother’s name is stated as “Kamala”. The birth certificates of the children clearly show that appellant No.1 and the respondent are the husband and wife and appellants No.2 and 3 are their children. The family court recorded a finding of fact that the respondent has admitted that Exts.P1 to P3 are their photos. As rightly observed by the family court, Exts.P1 to P3 does not look like brother-sister relationship or simple neighbours relationship and the said photos lead to an inference that respondent and appellant No.1 were living as husband and wife. As pointed out earlier, appellant No.1 gave Ext.-P9-complaint and the police settled the matter between the parties and asked the respondent to pay maintenance of Rs.3,000/- per month to appellant No.1. Exts. P13 to P17 are the receipts showing that the respondent has been paying money regularly to appellant No.1. Unless the respondent was the husband of appellant No.1, why should he pay the amount to appellant No.1 every month. As rightly observed by the family court, there is no merit in the explanation of the respondent that appellant No.1 was his neighbour and therefore, he used to help her. The evidence of PW-1 coupled with the documents raise a strong presumption of a valid marriage.

12. Appellant No.1 has also examined K.R. Narayan Iyengar (PW-2) who has stated that he was working as Manager in Samruddhi Finance where appellant No.1 was also working with him. In his evidence, PW-2 further stated that the respondent used to drop and pick up appellant No.1 and that he used to talk to respondent whenever he had time and have coffee with him. PW-2 further stated that the respondent and appellant No.1 were living happily as husband and wife and were leading a happy married life.

13. House owner (PW-3) has also stated that appellant No.1 and the respondent were living in his house on rent during 2005 and they took the house on rent by informing him that they were husband and wife. PW-3 further stated that appellant No.1 and the respondent stayed till April, 2006 and that when they came to his house, they had two children and appellant No.1 and respondent were leading a happy married life.

22. In the result, the impugned judgment of the High Court in R.P.F.C. No.103 of 2008 and R.P.F.C. No.21 of 2009 dated 16.06.2009 is set aside and these appeals are allowed. The respondent shall pay arrears of maintenance as directed by the family court, Mysore to the appellants within a period of two months. 13 Additionally, the respondent shall also continue to pay the maintenance to the appellants as directed by the family court on or before 10th of every English calendar month. The appellants are also at liberty to move the family court for enhancement of the maintenance.

October 24, 2018 14