BHOORI BAI Vs. HOTAM SINGH & OTHERS

JUDGEMENT

(1.) The applicant is aggrieved by rejection of her application under Section 125 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') vide order dated 30.10.2014 passed in Miscellaneous Criminal Case No.144/2014 by the Principal Judge, Family Court, Morena.

(2.) The facts of the case are that the applicant is admittedly wife of the respondent No.1 and remaining respondents No.2 to 4 are their children born out of their wedlock. The applicant has alleged that the respondent No.1 has a monthly income more than Rs.15000/- and the remaining respondents are also doing their business, however, the applicant is being harassed and has been thrown out of her matrimonial home and therefore she is unable to maintain herself which has prompted her to file an application under Section 125 of Cr.P.C.

(3.) Learned court below invited the respondents to file reply and it was submitted that the applicant deserted the respondent No.1 in the year 1985 by staying away from her matrimonial house with one Shyam Singh and they lived as husband and wife. It was further stated that Shyam Singh died five years ago due to which the present applicant has now moved an application under Section 125 of Cr.P.C. for claiming maintenance from the respondents. This clearly reflects that she is not residing at her matrimonial house due to her own will and has indulgent herself in the adultery.