SHASHI KALA Vs. STATE OF U P

JUDGEMENT

(1.) THE present writ petition has been filed by Smt. Shashi Kala for quashing the orders dated 28 -1 -2002 and 1 -8 -2003 passed by the Courts below by which the Courts have refused to award maintenance allowance to her.

(2.) COUNTER -affidavit, rejoinder affidavit and affidavit regarding the facts of the case have been filed.

(3.) THE facts of this case are not only peculiar but also constitute breach of mutual trust. The petitioner appeared to have refused the Company of her husband on the ground that there was alleged demand of dowry, that harassment and torture was extended to her in this regard. The criminal case relating to the alleged offence is pending. It is further alleged by the petitioner that her father -in -law Daya Shanker forced her to have illicit relation with him but she refused to do so. She was pregnant. Her father -in -law got her admitted in the hospital where her pregnancy was terminated. The husband of the petitioner filed divorce suit wherein the petitioner filed counter -affidavit and counter claim. Both of them agreed to have divorce and submitted an application to this effect but there were certain conditions of the petitioner to accept the divorce. The divorce suit was allowed treating the application to be a consent but it was in fact not an unconditional consent. There were certain conditions which were not taken into consideration by the Court. A first appeal against the decree of divorce is pending before this Hon'ble Court. The counter claim of the petitioner is still pending undisposed. She is getting Rs. 500 as interim maintenance allowance in that proceeding but the amount so received is a pendente lite maintenance.