MANGO Vs. BAL KISHAN

JUDGEMENT

(1.) This is wife's revision petition against the order of the matrimonial Court dated 6-10-77 dismissing her application for maintenance pendente lite and litigation expenses filed on 6.1977.

(2.) The application had been dismissed mainly, and it would not be void of mark to say 'wholly', on the ground that in the Jamabandi for he year 1972-73 the petitioner Smt. Mango was recorded as a co-sharer in he land of her father on account of inheritance, although the petitioner- wife had placed on the record the decree-sheet dated 27-2-73 which divested her of her share in the said property. it is a declaratory decree obtained by her brothers on the ground that they alone were the owners of the entire property that finds a mention in the Jamabandi or the year 1972-73. In view of the decree, there was no question of be petitioner-wile having any right in the land in question. The trial Court thought that the petitioner-wife had suppressed the facts in the petition. According to the trial Court, the fact that she was recorded is a co-sharer in the land in the year 1972-73 should have been mentioned in the application and then it should further have been mentioned that later on she was deprived of that land by the Court decree and since that had not been done, according to the trial Court, here had been suppression of the fact. To say the least, the trial Court, in my opinion, has taken a wholly erroneous view of the matter. If the petitioner-wife did not own any property or land on the date she moved the petition for maintenance, where was the necessity or the requirement if any law for her to mention in her petition ?

(3.) The learned trial Court has erred in exercise of its Jurisdiction in dismissing the application of the petitioner in question. Accordingly, the order of the trial Court dated 6-10-1977 is set aside and the petition is flowed with costs.