SMT. UMA BAI Vs. HEMANT SINGH KANWAR

JUDGEMENT

(1.) By way of the present revision petition, the Applicant has assailed the order dated 31.12.2015 passed by the Family Court, Korba in M.J.C. No. 152 of 2015 whereby the Family Court has rejected the claim application of the Applicant filed under Sec. 125 of CrPC. The Family Court has rejected the said application only on the ground that the Applicant was living in adultery and therefore she would not be entitled for maintenance under Sec. 125 of CrPC.

(2.) Learned Counsel for the Applicant submits that the finding of the Family Court that she was living in adultery has not been proved before the Court below and in the absence of any sufficient and cogent evidence the finding of the Family Court is bad in law. According to the Counsel for the Applicant, the only piece of evidence which has come against her is the statement of NAW-2 Phool Singh and NAW-3 Ramjila, who are brother and a close relative of Non-applicant/husband. That even the perusal of the statement of these two witnesses would reveal and depict that the allegation of adultery is not established from their depositions. According to the Counsel for the Applicant, the only allegation which is reflected from their depositions is the fact that at an evening both these witnesses are said to have found the Applicant and one Patiram near their house together and that is the whole evidence for reaching to the conclusion that she was living in adultery.

(3.) Learned Counsel for the Applicant further submits that so as to bring home the allegation of adultery something more than mere witnessing two persons together has to be brought before the Court below. In the absence of which the finding is bad in law. He further submits that in the instant case the Applicant had been living with her husband for almost 12 years from the date of marriage which took place in the year 2013 and all these years there were no allegations whatsoever and there was no dispute also in the family. Suddenly for the reasons best known the Non-applicant/husband is said to have taken the Applicant/wife and had left her at her parental home and refused to keep her as his wife any further. Therefore, the rejection of her claim application under Sec. 125 of Crimial P.C. is bad in law.