PYARE LAL S O SHEO LAL Vs. SIAWATI

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 30-8-96 passed by the Family Court, Kanpur Nagar. CO/DO/A947/96/BSS/USA

(2.) Admittedly, the revisionist Pyare Lal is the husband of Smt. Siawati, respondent No. 1 Smt. Siawati filed a criminal case No. 222 of 1988, under S.125 Cr. P.C.claiming maintenance on several grounds. The case was filed in the Court of Family Court Judge, Kanpur Nagar. In paragraph 8 of the petition, she has alleged that the revisionist turned her out of his house and threw her at the house of her uncle at Kanpur, ordering her not to come back except when she had arranged Rs. 10,000.00. On 3-5-85 again the husband physically assaulted her in Kanpur Nagar. He has remarried.

(3.) Before the learned Family Court Judge, an objection was raised by the revisionist that the Kanpur Court had no jurisdiction. However, he did not press this objection and parties entered into a compromise, whereby, the revisionist agreed to pay maintenance and thus the payment continued thereafter. The objection with regard to the lack of jurisdiction of Kanpur Nagar Court was not pressed. The compromise dated 8-2-90 was entered into between the parties and as per that compromise. Rs. 225.00 p.m. was awarded as maintenance by the Court on 8-2-90 as per compromise filed on the record. No revision was filed against this order.