DALLU MARKAM Vs. DEV KUNWAR BAI

JUDGEMENT

(1.) This criminal revision has been preferred against order dtd. 29/4/2016 passed by Family Court, Kabeerdham (Kawardha) in Misc. Criminal Case No. 651/2015 whereby maintenance amount of Rs.3,000.00per month has been granted in favour of respondent/wife.

(2.) The applicant and the respondent are legally wedded husband and wife and their marriage was solemnized in the year 1984-85. They are blessed with a son who is an adult now and is also married. The applicant and the respondent enjoyed their married life for about 15 years and during that period, the applicant/husband had also kept a mistress namely Rambha Yadav. Thereafter, the applicant/husband started cruelty towards respondent/wife and later ousted her from his house. Thereafter the respondent/wife started living with her parents and on 22/12/2015, she filed an application for grant of maintenance of Rs.10,000.00 per month to her. The applicant/husband in his reply denied the allegations stating that the respondent/wife herself had left his company without any sufficient reason. She left the matrimonial house leaving not only the applicant/husband but also their one year old minor son. Therefore, he kept said Rambha Yadav to look after their child and also to do the house hold work. She is still doing the said work in his house, whereas, the respondent/wife had performed choodi marriage with another person, therefore, she is not entitled to get the maintenance. Further the respondent/wife is working as Anganbadi worker and is earning Rs.4,000.00 per month as salary and she is having other properties, for that reason also, the respondent/wife is not entitled to get the maintenance.

(3.) The learned Family Court by affording opportunity to both the parties to lead evidence, considered the matter and passed impugned order by partly allowing the application filed by the respondent/ wife as mentioned in the first paragraph of this order.