SHIV PRASHAD SHRIVASTAVA Vs. VIJAY LAXMI SHRIVASTAVA,

JUDGEMENT

(1.) This revision petitions has been preferred against order dated 24.07.2019 passed by the learned Judge, Family Court, Bastar at Jagdalpur (C.G.) in Miscellaneous Judicial Case No. 88/2015, granting maintenance of Rs. 5000/- per month to the respondent.

(2.) The facts of this case, in brief, is this that, the respondent was married to this applicant in the year 1973. The applicant filed a divorce petition H.M. No. 550/2015 in the Family Court Raipur, on which, a decree of divorce has been passed on 09.11.2017. The respondent then filed an application under Section 125 of the Cr.P.C. on 05.12.2015, praying for grant of maintenance from the applicant, which has been allowed by the impugned order.

(3.) It is submitted by learned counsel for the applicant that the respondent has deserted him since year 1994 and it is on this ground as well as on the ground of cruelty, the decree of divorce has been granted in favour of the applicant. The respondent is residing with her adult son, who is bearing the cost of her maintenance and further, she is in possession of the house from which, she is getting monthly rent of Rs. 5000/-. The respondent is also owner of one Jeep bearing registration No. MP.- 17 -7219 and another Jeep Mahendra bearing registration No. O.S.S. 4502 from which, she is earning Rs. 30,000/- per month. The applicant got retired from Government service and he is getting pension for the same and he is a pensioner. Hence, looking to the old age and being a pensioner, he is not capable to provide the maintenance to the respondent. Further, the respondent had not entitlement for grant of maintenance. Hence, the impugned order suffers from infirmity, which is liable to be set aside.