KUMKUM DANIA Vs. KUL BHUSHAN DANIA

JUDGEMENT

(1.) The Revision Petition under Sec. 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC") has been filed on behalf of the Petitioner (Defendant) for setting-aside the Order dtd. 27/9/2021 vide which the Application under Order 7 Rule 11 CPC, has been dismissed.

(2.) Briefly stated, the Respondent/Plaintiff filed a Suit for Permanent and Mandatory Injunction against the Petitioner/defendant, to direct the Defendant No. 1/Revisionist, for processing the due rights of Family Pension in favour of the Plaintiff, as per the Civil Service (Pension), Rules 1944 and to direct the Deputy Director and Director of the Department of Education (respectively Defendant Nos. 2 and 3) for grant of family pension to the Plaintiff, as per the Complaints made in respect of concealment of the family members in Service Record by the Defendant No.1/Revisionist.

(3.) The Respondent(plaintiff), Mr. Kulbhushan Dania got married to Ms. Kumkum Dania(defendant/Revisionist) on 5/10/1990 and one son and daughter were born from their wedlock in 23/11/1992 and 5/8/1994 respectively. According to the Revisionist/Defendant No. 1, there were matrimonial disputes since the beginning of their marriage, which eventually led to their separation in the year 2008. The husband/Respondent in order to harass the Revisionist filed the Guardianship Petition to seek the custody of two children, though he lost and the custody of the children was handed over to the wife/revisionist with only visitation rights to the husband/Respondent. However, they arrived at a Settlement in the year 2012 and considering the best interest of the children, she shifted back with the Respondent/husband but the disputes still continued and the relationship continued to be as acrimonious as in the past.