SHEELA DEVI Vs. SWARUP NARAIN BIJORIA

JUDGEMENT

(1.) Heard Sri Apul Mishra, learned Counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) It is contended by the learned Counsel for the applicant that there is no dispute that the applicant Smt. Sheela Devi is not the legally wedded wife of opposite party/Swarup Narain Bijoria. It is also not in dispute that Swarup Narain Bijoria was not posted as Junior Engineer in Nirman Khand Mirzapur at the time of refusal of maintenance allowance. He was drawing salary as per service rules.

(3.) The matter under dispute was whether opposite party Swarup Narain Bijoria remarried another woman Shashi and the applicant was having sufficient means of her livelihood and she refused to have the company of her husband without any reasonable cause. The courts below refused to award maintenance allowance to her on the ground that she was engaged in preparing Biri and was earning handsome amount and she refused to live with her husband without any reasonable cause.