ANITA JAIN Vs. RAJENDRA KUMAR JAIN

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner-wife Smt. Anita Jain challenging the order of the Family Court by which the application filed by the respondent- husband Shri Rajendra Kumar Jain for stopping the payment of maintenance to the appellant-wife has been allowed. THIS application had been filed as liberty had been left to the respondent-husband vide order dated 12. 1. 2001 to move the Family Court under Section 25 of the Hindu Marriage Act or any other enabling provisions to scale down or stop the payment of maintenance, if the respondent-husband could prove change in the circumstances.

(2.) TO clarify the aforesaid position, it may be stated that the respondent husband had initially filed an application before the Family Court for grant of a decree of divorce on the ground of cruelty and the Family Court, after contest, passed a decree in favour of the respondent-husband annulling the marriage after recording a finding that the appellant-wife Smt. Anita Jain was guilty of indulging in cruelty to the husband by refusing to discharge her matrimonial obligations. Consequently, a decree of divorce was granted in favour of the respondent-husband. The appellant-wife Smt. Anita Jain thereafter preferred a Civil Misc. Appeal No. 45/2000 before the Division Bench of this High Court and while admitting the appeal, an order of stay was passed against the decree of divorce. In view of this, an order was also passed on 12. 1. 2001 directing the respondent-husband to pay maintenance @ Rs. 1,500/- per month payable from 1. 2. 2001 as also the arrears of the decretal amount before 1. 3. 2001 as directed by the Family Court in the decree. The respondent-husband was also directed to pay Rs. 1,000/- towards litigation expenses.

(3.) WE thus, find no substance in this writ petition and hence it stands dismissed. .