RINKI (SMT.) @ JYOTI Vs. HALKE RAM BATHAM

JUDGEMENT

(1.) This revision application is directed against the order dated 17.2.2016 passed by Principal Judge, Family Court, Shivpuri in Criminal MJC No. 133/2015, by which the application filed by the applicant for grant of maintenance under section 125 of Code of Criminal Procedure, 1973 (Cr.PC) has been dismissed.

(2.) The facts leading to filing of the instant revision application are that the marriage was solemnized between the applicant and non-applicant on 24.4.2001 as per Hindu rituals and customs. One daughter and one son were born out of the wedlock of applicant and non applicant. The non-applicant is working as Peon in the Court. It was alleged that the non-applicant was posted at Shivpuri and Pohri Courts, during which he ill-treated and abandoned the applicant and threatened that he will seek divorce from the applicant and perform second marriage. On 23.4.2013 the applicant was dragged out from the matrimonial house by causing marpit by the non-applicant. Since then the applicant is living with her parents and she has not made any arrangement for her maintenance. The non-applicant made false allegation against her. The applicant has also pleaded that she is unable to maintain herself and, therefore, the application under Section 125 of Cr.PC has been filed before the Family Court, Shivpuri in order to get maintenance.

(3.) The non-applicant opposed the application by contending that the applicant was living in adultery and she has performed second marriage with Vijay @ Dimpy Shrivastava in a temple without getting divorce from him. On 20.6.2013 when he was on duty, the applicant left his house without informing his family members. In this regard, he has lodged the report in Police Station Kolaras, district Shivpuri and on the basis of this report, Missing Case No. 20/2013 has been registered by the police and on 29.8.2013 the applicant was recovered by Kolaras Police. The police recorded her statement in which she stated that she has performed marriage with Vijay @ Dimpy Shrivastava and she does not wish to live with the non-applicant. In these circumstances, the applicant is not entitled to get any maintenance from him.