LAWS(CHH)-2014-8-31

SHIV KUMAR NETAM Vs. MEENA DEVI NETAM

Decided On August 26, 2014
Shiv Kumar Netam Appellant
V/S
Meena Devi Netam Respondents

JUDGEMENT

(1.) The applicant/husband questions the order of Family Court dated 05.10.2006 passed in Misc. Suit No.650/2005 granting maintenance under Section 125(1) of the Code of Criminal Procedure (for short " the Code" ) to non-applicant No.l/wife, by filing criminal revision under Section 19(4) of the Family Court Act,1984.

(2.) The core facts necessary in order to understand the dispute and for eventual adjudication are as under:

(3.) Shri P. P. Sahu, learned counsel appearing for the applicant would submit that the finding recorded by the learned Principal Judge, Family Court, Raipur that the applicant has failed to establish that the non-applicant No.l/wife " is living in adultery" is perverse. He would further submit that the applicant has clearly established the continuous adulterous conduct on the part of the non-applicant No.l/wife and, as such, the impugned order granting maintenance in teeth of continued adulterous, life deserves to be annulled in this revision.