KRISHNA Vs. OMPRAKASH

JUDGEMENT

(1.) This revision petition has been filed by the petitioner/ wife u/s 19 (4) Family Court Act 1984 (hereinafter referred as Act 1984) against the order dtd. 23/04/2022 passed by IInd Additional Principal Judge, Family Court, Indore M.P. in Miscellaneous Criminal case No. 1258/2021, whereby the application u/S 125 of Cr.P.C. filed by the petitioner/ wife has been dismissed.

(2.) Facts giving rise to this case are that petitioner/ wife was already married and one daughter namely Rakhi was born from the wedlock of the petitioner and her first husband. The respondent was also married and his first and second wives had died before. Therefore, around 25 years before the filing of maintenance application the respondent had married the petitioner, thus, the petitioner is legally wedded wife of the respondent. From the second wife of the respondent/ husband, two daughters and a son were born, who were looked after by the petitioner/ wife. The respondent/ husband had started to physically harass the petitioner/ wife after getting intoxicated and used to treat her as servant. On 18/08/2021, the respondent had got the petitioner out of his house after battering her, since then she has been living at Samarth Dream Gomat Giri, Indore and is living a dependant life. The petitioner is a 58 years old woman. She has no means to maintain herself. Respondent earns a sum of Rs.1,00,000.00 per month from his businesses, hence, he is capable to maintain the petitioner. The petitioner sought a monthly maintenance of Rs.25,000.00 per month from the respondent in her maintenance application.

(3.) The respondent/ husband was ex parte before the trial court therefore, no reply was filed by him. The petitioner examined herself before the trial court. After completion of ex-parte evidence of the petitioner, the learned trial court passed the impugned order wherein it was found that the petitioner is not legally wedded wife of the respondent, therefore, she is not entitled for maintenance.