JYOTI SHRIVASTAVA AND ORS. Vs. VIVEK SHRIVASTAVA

JUDGEMENT

(1.) This is a revision filed by the applicants under Section 19 (4) of Family Courts Act, 1984 read with Section 397 of Criminal Procedure Code, 1973 against the final order dated 10.11.2017 passed by the second ASJ, Family Court Indore, wherein the application for maintenance in respect of applicant No.1 has been dismissed; whereas that of applicant No.2, though allowed, the maintenance amount awarded is quite meagre, as per the applicant.

(2.) The case of the applicants was that the applicant No.1-Jyoti was married to non-applicant-Vivek Shrivastava on 20.11.2011 as per Hindu rites and rituals and a son namely; Vidit (applicant no.2) was born out of this wedlock. The behaviour of the non-applicant towards the applicant became violent and cruel in course of time and the non-applicant was prone to exhibiting extreme behaviour, sometimes being caring towards the applicant and at other times exhibiting undue outrage resulting in extreme brutality. On 17.11.2013, when the applicant was in advanced stage of pregnancy of nine months, the non-applicant had beaten her up brutally and had sat on her chest resulting in adverse effect on the health of the applicant as also on child born subsequently on 10.12.2013 who was weak and prone to illness.

(3.) On 17.01.2014, the non-applicant again assaulted the applicant No.1 brutally and inserted cloth in her mouth in order to muzzle her voice causing bleeding from the mouth and she was not taken to any physician who then called up her parents and thereafter report was lodged.