LAKHANLAL Vs. KAMLABAI

JUDGEMENT

(1.) THE applicant Lakhanlal has approached this court by this revision application against grant of maintenance to the non -applicants by the trial court.

(2.) THE marriage of Lakhanlal with non -applicant No. 1 Kamlabai and that the non -applicants 2 and 3 are their children is an admitted fact. Similarly the applicant is doing the money lending business is also an admitted fact. Similarly the applicant admitted his second marriage with one Shakuntalabai.

(3.) THE confrontation between applicant and non -applicants appears to have been started on account of the adult son of the applicant and non - applicant No. 1 , who was looking after the money lending business of the applicant. He was restrained from doing that business by applicant from 27 -4 -1985. The contention of the non -applicant No. 1 is that on account of that incident, she was forced to have a separate residence with her two minor children. She has, therefore, filed an application for her maintenance and the maintenance of their two minor children. Kamlabai -non applicant No. 1 stated in her application that she is living separately without any financial help from the applicant. She further alleged that the applicant has bluntly refused to maintain her and. therefore, in absence of any independent source of maintenance, she is entirely dependant on applicant and as such is entitled to maintenance. Her case precisely is that there is a neglect on the part of the applicant to maintain her and her two minor children.