RAM ASHREY PRASAD Vs. PAWAN

JUDGEMENT

(1.) This is a revision directed against the judgment and order dated 7.8.1993 passed by Judge Family Court, Meerut in Case No. 139 of 1992, Smt. Pawan v. Ram Ashrey Prasad, under Sec. 125 Cr. P.C. whereby he was pleased to determine the maintenance allowance at the rate of Rs.500/- per month in favour of the wife with effect from 2.9.1987.

(2.) I have heard the learned Counsel for the revisionist as well as Sri. O.P. Agarwal, Counsel for the opposite party and perused the material brought on record. Learned Counsel for the revisionist has submitted that there has been a divorce in the year 1989 and no appeal against divorce has been filed, but the learned Judge, Family Court, Meerut has granted the maintenance allowance. On perusal of the judgment, I find that the learned Judge has considered the question of divorce also, but mere divorce does not deprive the lady of her maintenance permissible under Section 125 Cr. P.C. until she remarries. Learned Counsel for the revisionist does not say that the lady has since remarried. The learned Judge has recorded a clear finding on the question and I do not find any infirmity therein.

(3.) Learned Counsel for the revisionist has further submitted that the lady was running a school and she was having independent source of her income to maintain herself. The Judge of the Family Court has also considered the evidence on this question and after due consideration he has recorded the finding that the lady is not running a school and does not have any independent source of income to maintain herself. This finding recorded by the learned Judge does not also call for interference.