PYARI BAI NAMDEV Vs. BHAGWANDAS PANDEY

JUDGEMENT

(1.) This revision under Section 19(4) Family Courts Act, 1984 read with Section 397/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) has been filed by the applicant/wife against the order dated 21.12.2010, passed in M.J.C. No.361/2009, by learned Principal Judge, Family Court, Jabalpur, wherein learned Family Court rejected the application for grant of maintenance amount.

(2.) The applicant had filed an application under the provisions of Section 125 of the Code, contending that the marriage between the applicant and the respondent was solemnized on 13.05.1952 at Barela, Jabalpur as per the Hindu rites and rituals. Six sons and one daughter were born out of the wedlock and all children got married and are living happily with their family separately. The behavior of the respondent was cruel -some, hence, the applicant was living separately since 2006. The respondent used to give some maintenance amount to survive the applicant but from the month of February, 2009 the respondent stopped to give any amount on account of wrong advise of her son Ramkumar and his wife Saraswati. Due to weaker financial condition, the applicant filed an application for maintenance before learned Family Court, Jabalpur.

(3.) Respondent entered his appearance by filing reply and submitted that the marriage of applicant was solemnized with Kapoorchand, elder brother of the respondent. After death of Kapoorchand the applicant was alone unable to survive, hence, the respondent has allowed to the applicant to live with him. Thereafter, children were born. The applicant without any reason left the house of the respondent and was living with her son Santosh Namdeo and never turned up, therefore, the application filed by the applicant deserves to be dismissed.