CHANDER KUMAR SHARMA Vs. SAMRITI SHARMA

JUDGEMENT

(1.) RESPONDENT Smt. Samriti Sharma was married to petitioner Chander Kumar Sharma on 9.9.1973 at Nabha according to Hindu rites. After the marriage the couple lived together at Chandigarh upto 16.12.1975. Respondent filed a petition under Section 125 Cr.P.C. for maintenance. She complained that after the marriage the petitioner has been making demand for more dowry and a scooter. The respondent refused to oblige. The petitioner had beaten her and she was turned out of the matrimonial house. The result was that she took shelter in her parents' house. Asserting that she has no other source of income, maintenance at Rs. 500/- P.M. was claimed.

(2.) THE petitioner contested the petition. Earlier the petition was dismissed. But when the matter came to this Court, the revision petition was accepted and the case was remanded for a fresh decision after allowing the parties to amend their pleadings. The petitioner even had filed an application under Section 13 of the Hindu Marriage Act for divorce. That petition had since been allowed and admittedly a decree for divorce had been passed. In this process, the status of the parties had undergone a change.

(3.) THE amended petition was contested. There was no controversy about there being a marriage between the two and that they were blessed with a male issue. Petitioner's case was that respondent has been residing separately and in any case when decree for divorce had been granted, she is not entitled to maintenance because she had deserted him. It was the case of the petitioner that respondent works as a Teacher and she is carrying on tuition work and she is earning enough and thus is not entitled to the maintenance.