MITHELESH MISHRA Vs. SHYAMADHAR MISHRA

JUDGEMENT

(1.) The revision is listed for hearing on admission. With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

(2.) The Applicants have preferred this revision being aggrieved by the order dated 110.2017 passed by the Principal Judge, Family Court, Raipur in Case No.650 of 2016 rejecting the application for grant of maintenance preferred by the Applicants on the basis of preliminary objection raised by the Respondent/husband of Applicant No.1.

(3.) As per the pleadings of the Applicants, marriage between Applicant No.1 and the Respondent was solemnised in the year 1989 and out of their wedlock, birth of Applicant No.2 took place. It is alleged that thereafter the Respondent started ill-treating the Applicants. A report thereof was lodged by Applicant No.1 on 19.1.2012. Thereafter, the Respondent persuaded the Applicants and took them back to his house. But, the Respondent did not stop and continued to commit cruelty with the Applicants. The Applicants filed an application under c against the Respondent for grant of maintenance. The said application was registered as Criminal Case No.608 of 2013 in which interim maintenance of Rs. 4,500/- was ordered in favour of the Applicants, but, later on, the said application was dismissed on the ground of out of Court settlement. Thereafter, the Respondent filed an application under Section 13(1) of the Hindu Marriage Act. During pendency of this divorce petition, the Respondent fraudulently obtained signatures of Applicant No.1/wife on an application for divorce on 16.11.2015. Thereafter, the Respondent stopped appearing in the Court. The divorce petition pending in the Court was dismissed. Thereafter, the Applicants filed the petition for grant of maintenance before the Family Court. During pendency of the said petition, the Respondent filed a preliminary objection on the ground that Applicant No.1/wife has voluntarily obtained divorce from the Respondent and she has been remarried with one Santosh Mishra. The preliminary objection was duly replied by the Applicant No.1 denying the averment of the Respondent regarding obtaining of voluntary divorce and remarriage. The Family Court allowed the preliminary objection of the Respondent/husband and dismissed the application submitted by the Applicants under Section 125 of the Code of Criminal Procedure. Hence, this revision.