SAU MANDA R THAORE Vs. RAMAJI GHANSHYAM THAORE

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 9.8.2006, passed by the Family Court No.4, Nagpur passed in Petition No.E - 154/2005, dismissing the petition filed by the revision applicant wife for grant of maintenance form the respondent - husband, the present revision application was filed.

(2.) IN support of the revision application, learned Counsel or the applicant vehemently argued that the present applicant is the first legally married wife of the respondent - husband and there is admission to that effect given by Ramaji the husband. Admission being the best piece of evidence, the Family Court could not have ignored the same as has been done by it and therefore, holding the applicant to be first legally wedded wife she should be granted maintenance. Learned Counsel for the applicant then invited my attention to the finding recorded by the Family Court that the applicant should be allowed maintenance @ Rs.1,000/- per month from the amount of pension of Rs.3,000/- p.m. earned by the respondent after his retirement. According to her, having recorded this finding, the Family Court should not have dismissed her claim for maintenance.

(3.) IN the light of the above findings, to my mind, it is clear that the respondent - husband has treated the applicant - Manda as if she was his wife but then it is amply established on record that the first marriage of respondent had taken place with Prabha way back in the year 1965 and there is no evidence to show from the applicant - Manda that the respondent - husband had divorced Prabha and had married thereafter with Manda. It is no doubt true that respondent - husband had cheated the applicant - Manda and had kept sexual relationship with her resulting in the birth of two children but then as has been held by the Hon'ble Supreme Court, no estoppel can operate against the Law and therefore, despite holding that there has been close relationship between applicant and respondent and he treated her like wife and produced children, unfortunately, this Court cannot help applicant - Manda for providing her maintenance. It is for some other authority to take care of the situation in such type of unfortunate cases as this Court is unable to do anything in the matter. However, this is a fit case for the applicant - Manda to have recourse to the provisions of the new beneficial Act, namely, the Protection of Women From Domestic Violence Act, 2005 and proceed against the respondent -husband under the said Act for claiming accommodation, maintenance etc.etc.