SHANTI DEVI Vs. BASANT LAL

JUDGEMENT

(1.) This revision is directed against the order dated 289.1982 by Sri N.S. Shamshery, learned III Addi. Sessions Judge, Varanasi in Criminal Revision No. 134 of 1982. The revision was allowed and the order of the learned Magistrate dated 7.4.1982 was set aside with the result that application of revisionist for maintenance allowance stood dismissed.

(2.) Facts given below are admitted to the parties. The revisionist married Basant Lal, opposite party no. 1 in 1949; the daughter who was the first issue of this union expired and one son Om Prakash who is major now is alive. The revisionist filed an application for maintenance on 18.7.1978. The maintenance was claimed from 3.2.1970 for herself and her adult son Om Prakash at the rate of Rs. 500/-per month. It was alleged that relations amongst the parties got strained from 1959. On account of maltreatment the revisionist had to leave house of opposite party No.1, she had to reside with her maternal grand father in Varanasi City. Husband neglected to maintain her and her son Om Prakash. In 1959 she filed a suit for judicial separation which was dismissed by the learned trial court and that order was up-held by the appellate court. In 1.962 opposite party No. 1 filed a suit against the revisionist for restitution of conjugal rights which was decreed in 1965. The revisionist went up in appeal against that decree which failed on 3-2-1972.

(3.) After giving a notice to revisionist, opposite party No.1 filed a suit for divorce; eventually opposite party obtained a decree for divorce on 3-2-1970 from the court of District Judge, Varanasi in suit No. 13 of 1969.