SURESH CHANDRA SHARMA Vs. INDRA KUMARI SHARMA

JUDGEMENT

(1.) J. C. Mishra, J. These revisions arise out of the order dated 17-11-94 passed by Judge, Family Court, Agra rejecting the prayer of the applicant Smt. Indra Kumari Sharma for award of main tenance while allowing her prayer for grant of maintenance to her minor children at the rate of Rs. 300 per month from the date of application dated 2-8-91 till their minority. The applicant Smt. Indra Kumari felt aggrieved by the refusal of her prayer to award her maintenance filed Criminal Revision No. 1783 of 1994. The husband Suresh Chandra Sharma fell aggrieved with the order awarding main tenance to the children preferred Criminal Revision No. 1797 of 1994. As both the revisions arise out of the same order they are being disposed of by this common order.

(2.) THE revisionist Suresh Chandra Shamra was represented by Sri Ranjil Saxena while Smt. Indra Kumari was rep resented by Sri V. K. Chaturvedi. Despite the list being revised neither of the Coun sel was present, and therefore, these revisions are being disposed of without hearing the learned Counsel.

(3.) THE learned Judge Family Court on appraisal of evidence held that Smt. Indra Kumari was not honouring the decree for restitution of conjugal rights and, there fore, she is not entitled to maintenance. He, however, found the children entitled to maintenance. As aforesaid both the parties felt aggrieved preferred revisions.