KAVITABEN PRAVINBHAI LIMBASIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Revision Application is filed challenging the order passed by the learned Judge, Family Court, Rajkot dtd. 20/2/2020 rendered in Criminal Miscellaneous Application No.285 of 2019 denying maintenance to the applicant - wife under Sec. 125 of the Code of Criminal Procedure, 1973.

(2.) It is the case of the applicant that her marriage took place before 20 years with respondent no.2 - husband and she is the legally wedded wife since then and is residing with him at Rajkot. It is further her case that after her marriage she joined the joint family of her husband and out of the wedlock she delivered twins, a daughter and son. It is further the case of the applicant that the daughter is already married and her son is unmarried but he is major. It is further stated that initially she was kept well by respondent no.2 - husband and his family members and thereafter they started harassing and abusing her.

(3.) It is further her case that respondent no.2 - husband is staying in the house of his elder brother, who has died recently. It is further stated that respondent no.2 - husband has deserted her and when her husband was pursued by her family members, he insisted for divorce refusing her liability. It is stated in the application that after she being deserted she has not been visited once by her husband or has he stayed with her or made any arrangement for her maintenance. It is further stated that she has no source of earning. She has stated that respondent no.2 - husband is serving and earning Rs.20,000.00 per month and he is not shouldering responsibility of anyone, and therefore, she has demanded Rs.10,000.00 towards her maintenance from her husband.