ASHISH KHARE Vs. ARCHANA @ SONU KHARE

JUDGEMENT

(1.) This revision has been preferred against the order dated 18.05.2015 passed by Principal Judge, Family Court, Satna in M.J.C. No. 103/2014 whereby learned Principal Judge, Family Court ordered that petitioner/nonapplicant pay 10,000/- Rs. as maintenance per month to the respondent/applicant.

(2.) The case of respondent/applicant before the Family Court was that she is wife of petitioner/non-applicant. petitioner/non-applicant misbehaved and tortured her. Respondent/ Applicant was seriously sick but petitioner/ non- applicant had not paid any attention. So in these circumstances, respondent/applicant became bound to live her parental home. Respondent/Applicant has no means and petitioner/non-applicant has been earning Rs. 30,000/- per month from his business or service. Petitioner/Non-applicant deserted her so she is entitled to get maintenance in the tune of Rs. 15,000/- per month.

(3.) Petitioner/Non-Applicant denied all the allegations and submitted that the marriage between the applicant and respondent was performed on 04.12.1998 and after marriage, the respondent/applicant resided with the applicant at Jaipur along with his family. The respondent/applicant resided with the petitioner/non-applicant up to October, 2005 and thereafter, she came to her parent's house at Satna and she did not come back even after repeated efforts being made by the petitioner/non-applicant. Thereafter, the petitioner/nonapplicant had filed a divorce petition before the Family Court at Jaipur, vide case no. 602/2008. Divorce Petition was decreed and the marriage between the petitioner/non-applicant and respondent was dissolved on 07.02009. After dissolution of marriage, the petitioner/non-applicant performed the another marriage and child was born out of such wedlock.