RENU GUPTA Vs. DEVENDRA KUMAR

JUDGEMENT

(1.) The applicant has preferred the present revision against the order dated 26.2.2010 passed by the learned Principal Judge, Family Court, Rewa in Misc. Criminal case No.16/2009, whereby the maintenance application of the applicant was dismissed.

(2.) The facts of the case, in short, are that, the applicant and the respondent were married on 9.5.2002 at Satna. The applicant has preferred an application under Section 125 of the Cr.P.C. with the facts that for the first year after her marriage, there was no problem to her. In December, 2003, she was sent to her parents house and she resided with her parents and uncle in their house but, thereafter, the respondent did not take her back and refused to maintain her. A notice was sent by the respondent and the applicant replied on 4.2.2006. Thereafter, the respondent had lodged a divorce petition before the competent Court and on 27.9.2008, the trial Court passed the decree of divorce against the applicant. The appeal is pending before the High Court. Actually, the applicant was harassed in the house of the respondent. She mentioned so many incidents of harassment done with her. She mentioned the income of the respondent to be Rs.300/- per day and she claimed a maintenance of Rs.3,000/- per month.

(3.) In reply of the application, the respondent denied all the allegations. He has submitted that it was the applicant who deserted the respondent and therefore, he moved a petition for divorce and decree of divorce was granted. The respondent is an unemployed person, who is getting pocket money of Rs.20/- to 25/- per day from his father, who is a pensioner of Railways. Since the applicant was found at fault and decree of divorce was granted in favour of the respondent, therefore, the applicant could not get any maintenance under Section 125 of the Cr.P.C. and therefore, it is prayed that the application may be dismissed.