BINA DEVI Vs. LAKHAN YADAV

JUDGEMENT

(1.) As both the parties have appeared in this case, as such this revision application is being heard and is being disposed of at the stage of admission itself.

(2.) The petitioner has preferred this revision application against the order dtd. 19/4/2016 passed by the Principal Judge, Family Court, Nalanda in Maintenance Case No.12/M/2009 by which the application for maintenance filed by the petitioner has been rejected.

(3.) The case in short is that the petitioner is legally wedded wife of O.P.No.2 and she has four daughters and later on the petitioner has not been blessed with a son so the O.P. no.2 re- married with another lady namely Pyari Devi. It is alleged that after marriage with Pyari Devi O.P.No.2 started neglecting her and torture in various manner and several times ousted her from her matrimonial house and she took shelter in the house of her daughters and the daughters of the petitioner are not in a position to maintain her. It appears that thereafter a complaint case was filed by the petitioner and a complaint case has been filed by the O.P.no.2 also against the petitioner. It further appears that thereafter the Maintenance Case No.123/M/2009 was filed by the petitioner against the O.P.no.2 stating that after re-marriage with Pyari Devi he started neglecting her and torture in various manner, as such she is residing in the house of her daughters, who are not in a position to maintain her on the other hand, the O.P.No.2 has sufficient means to maintain the petitioner as he has got 2 acres and 99 decimal cultivable land having gross income annually of Rs.02.00 lac and apart from that the O.P.no.2 has retired from the Army and got handsome pension also.