SHYAMA Vs. LAXMI NARAYAN

JUDGEMENT

(1.) It being an admitted revision vide order dated 16.04.2012, is listed today for consideration of I.A. No.7907/2012, applicant's application for grant of ad-interim maintenance till disposal of impugned case before the Family Court. It is apparent fact on record that in response to aforesaid application, no reply has been filed on behalf of the respondent. In such premises, unrebutted factual matrix of the application are on record.

(2.) The applicant wife has preferred this revision against the respondent being aggrieved by the order dated 02.03.2012 passed by the Family Court, Rewa in Case No.224/2011 whereby her application for appropriate direction to the respondent to give her the sum of interim maintenance till the disposal of impugned case has been dismissed, by stating that there is no prima facie evidence on record showing that the applicant is wedded wife of the respondent. In support of such contention, it is also stated by the Family Court that in the Voter l.D. Card of the present applicant, the name of some other person "Tejbhan" has been stated as her husband.

(3.) Applicant's counsel after taking me through the averments of the application along with impugned order so also the ration card, in which the name of the applicant is stated with the respondent as his wife, so also the certificate of her son of examination of primary class of District Primary Board, of the year 2005, argued that in view of such prima facie evidence to draw inference that applicant was the wedded wife of the respondent, mere on the basis of some Voter I.D. Card, which was not prepared at the instance of the applicant or in any case in the lack of any appropriate evidence in the record to show that such card was prepared at the instance of the applicant, the Family Court has committed error in holding that the applicant was not the wedded wife of the respondent and in such premises, committed grave error in dismissing her application for grant of interim maintenance. She further stated that the respondent is a retired person from the post of Lineman of the Electricity Board and in such premises, he is getting the pension near about Rs.10,000/- per month and he is in position to pay the interim maintenance to the applicant. In continuation, she said that applicant did not possess any source of income and in such premises, she is in need of the sum to meet the expenses of her livelihood and prayed to allow this interim application with appropriate direction to the respondent to pay the applicant the reasonable sum as maintenance till the disposal of this revision.