BABITA Vs. STATE OF U P & ANOTHER

JUDGEMENT

(1.) Present revisionist Smt. Babita had filed two petitions against her husband Jai Bhagwan Singh (present O.P. No.-2) before the Court of Principal Judge, Family Court, Meerut. First petition was case no. 726/ 2006 for relief of divorce under section 13 of Hindu Marriage Act, and second petition was case no. 295/ 2006 for maintenance under section 125 CrPC. Both cases were consolidated, and after receiving objections and evidences of the parties, and after affording opportunity of hearing, the Principal Judge, Family Court had dismissed both the petitions by joint judgment dated 01-05-2008. The revisionist had preferred present rvision against the portion of said judgment relating to dismissal of petition for maintenance under section 125 CrPC.

(2.) Heard learned counsels for the parties and perused records.

(3.) Admitted case of the parties is that the revisionist and O.P. no.-2 are legally wedded wife and husband whose marriage still subsists, but they are living separately. Wife-revisionist had filed petition under section 125 Cr.P.C. for her maintenance, in which the Court below had afforded opportunity of hearing and thereafter dismissed the same on ground that wife-revisionist is living separately out of her own will without any justification, in spite of willingness and efforts of her husband to keep her with him. Since revisionist is not willing to reside with her husband without any justification therefore she is not entitled to any maintenance. After considering and discussing the evidences adduced by the parties the court below had held that allegations made by revisionist and reasons given by her for living separately had not been proved. The judgment of trial court has been passed after appreciation of facts, circumstances and evidences, and after application of mind.