MUKTI NATH DIXIT Vs. BINDU DEVI

JUDGEMENT

(1.) This First Appeal is preferred against the judgement dated 12.09.2002 passed by Sri Sudhir Kumar, IInd Additional District Judge, Ballia in Original Suit No. 184 of 2001 between Smt. Bindu Devi Vs. Mukti Nath Dixit.

(2.) The brief facts which give rise to this appeal are that the respondent Smt. Bindu Devi (hereinafter called the respondent) filed a suit no. 183 of 2001 against Mukti Nath Dixit opposite party-appellant (hereinafter called the appellant) with the allegation that:- the respondent was married with the appellant in the year 1980 according to Hindu rites. At the time of marriage, the respondent did not accompanying the appellant, however, after seven years she came to her in- laws house and after that she performed all the duties as duly waded wife. After some time, the respondent realise that the appellant's character is not good and he had illicit relation with other ladies of the village. Later on, the appellant also developed illicit relationship with the elder sister of the respondent, who was also sister in-law (Bhabhi) of the appellant. That on 26.08.1998, the appellant on the instigation of his sister-in-law, assaulted the respondent and also thrown her out of house without any clothes or ornament. The respondent lodged a criminal complaint against the appellant. Thereafter, the appellant has not given a single money to the respondent for her livelihood and the respondent is staying with her father and facing very grate difficulty in maintaining herself. There is no source of income of the respondent. The appellant has 15 bhigha agricultural land having annual income of about 35,000-36,000/-. He is also a diesel engine mechanic and earned Rs. 500/- per day. The respondent also filed a case under section 125 Cr.P.C. for maintenance, which is pending. Since the appellant has driven the respondent away without clothes and ornament, and the criminal court has no jurisdiction for passing order to return the clothes and ornament. The respondent is compelled to file present suit.

(3.) The appellant has also filed a suit bearing No. 169 of 1999, Mukti Nath Dixit vs. Bindu Dixit to resolve the marriage, which is pending.