AJITA SHUKLA Vs. SANKET SHUKLA (VICKY)

JUDGEMENT

(1.) Challenge in this revision petition is to the order dated 23.11.2019 passed by learned Judge, Family Court, Janjgir, District- Janjgir-Champa (C.G.) in Miscellaneous Criminal Case No. 193/2017, dismissing the application filed by the applicant under Section 125 of the Cr.P.C.

(2.) It is submitted by learned counsel for the applicant, that the impugned order is erroneous, which has been passed by totally ignoring the facts and evidence present in this case. The applicant had established by producing the evidence, firstly, that she has sufficient reason for living separate from the respondent and that she was incapable to maintain herself and also that the respondent is a man of sufficient means, who is neglecting her maintenance. Hence, she is entitled for grant of maintenance. The learned Family Court has not appreciated the evidence present on record and passed the impugned order, which is not at all sustainable. Hence, it is prayed that this revision petition be allowed and the impugned order be set aside and relief be granted to the applicant.

(3.) Learned counsel for the respondent opposes the submissions and submits that the applicant is living separately from respondent without any sufficient cause, which has been clearly established in the evidence present in the proceeding. The respondent had proposed to have the applicant back with him for residing together and living married life, but the same was denied by the applicant.