AISHA Vs. MOHD SALIM

JUDGEMENT

(1.) B. K. Rathi, J. This is a revision under Section 19 (4) of the Family Courts Act against the order dated 10-2-1998 passed by Judge, Family Court, Jhansi rejecting the application of the applicant under Section 125, Cr. P. C. for main tenance against Opp. Party No. 1. The application has been rejected mainly on the ground that the Opp. party is ready to keep the applicant and there is no suffi cient ground for the applicant to claimseparate residence and maintenance.

(2.) I have heard Sri M. Islam, learned counsel for the applicant, Sri Ram Gupta, learned counsel for the opposite party No. 1 and the learned A. G. A. and perused the record.

(3.) THE next important circumstance is that the applicant gave birth to a child on 9-10-1994. It is alleged in paragraph No. 27 of the written statement that on 7-11-94 the applicant in the night went away from the house of the opposite party leaving the child and taking all the ornaments and clothes. At that time the child was hardly of one month. THE question is that "could a lady leave her baby of one month without any reason?" THE obvious reply is that no lady can leave her child of one month without compelling circumstances or the utter frustration. THE trial Judge has not considered the circumstances in which in applicant left the house of her husband leaving her baby of about one month.