Sachida Nand Prasad v. Srimati Krishna Devi
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.539 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Gopalganj ====================================================== SACHIDA NAND PRASAD Son of Late Shatrughn Prasad Resident of Village - Barhan Gopal, P.S.- Siwan Muffasil, Distt - Siwan, At present resident of - Hudishahi (Behind Convent School) Post - Joda Kundurunala, P.S.- Baneikala, Distt - Keojhar ... ... Petitioner/s
Versus
Srimati Krishna Devi Wife of Sachidanand Prasad Presently Residence of Village - Khairtiya, Post - Manikpur, P.S.- and Distt - Gopalganj. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar, Advocate For the Respondent/s :
Mr.Xxxxx ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. On perusal of the impugned order, I do not find any reason for interference because of the fact that the opposite party/wife of the petitioner during subsistence of the said marriage, petitioner has married for the second time, he being governed under the Hindu Marriage Act proudly admits that he has solemnized second marriage and for her he constructed house in Orrisa.
3. When a Hindu male marriage for the second time during the subsistence of his first marriage, the marriage is void ab-initio and the first wife can very well deny to stay with her
Patna High Court CR. REV. No.539 of 2019(4) dt.29-01-2024 2/2 husband. In the impugned order, I find in paragraph no.6 of the impugned order it is found that the petitioner gets pension of Rs.30,000/- moreover, he has landed property. The trial court passed an order of maintenance in favour of the petitioner at the rate of Rs.5,000/- per month.
4. The said sum is absolutely required considering today's market price and bare minimum need of a person to maintain herself.
5. Accordingly, the instant revision is dismissed. (Bibek Chaudhuri, J) mdrashid/- U T