SADHNA SRIVASTAVA Vs. JAI PRAKASH SRIVASTAVA

JUDGEMENT

(1.) THIS is an application filed by petitioner Smt. Sadhna Srivastava against her Ex. husband, Jai Prakash Srivastava, who is sole opposite party impugning order dated 4.8.1998 recorded by the learned Principal Judge, Family Court at Patna under which an application filed by the petitioner under section 125 of the Code of Criminal Procedure ("the Code", in short), was dismissed.

(2.) IT will appear that the opposite party had appeared in this case but no one appeared on his behalf when the case was called out, hence the learned counsel for the petitioner was heard and I perused the record, including the impugned order.

(3.) THE learned lower Court dismissed the application on two grounds, viz, (i) the petitioner was a divorcee, hence relationship of husband and wife was no longer subsisting between them hence the opposite party was not liable to pay maintenance amount to her, and (ii) that the petitioner was not entitled to any maintenance as opposite party had no sufficient means to maintain her.