KANHIYA LAL VERLANI Vs. RENU

JUDGEMENT

(1.) This D.B. Civil Miscellaneous Appeal under Section 19 of the Family Court Act, is directed against the order dated 15.04.2014 passed by Learned Family Court Judge No.2, Jaipur, in case No.131/2011, Smt. Renu v. Kanhiya Lal Verlani under Section 125 Cr.P.C. whereby the Learned Subordinate Court dismissed the appellant's application for Komarya Parikshan of respondent.

(2.) Briefly stated the marriage was solemnized between the parties on dated 19.05.1987 at Ajmer. After marriage due to matrimonial problems divorce petition was filed by the appellant under Section 13 of Hindu Marriage Act before Family Court Ajmer on the ground of adultery, cruelty and desertion. Family Court dismissed the divorce petition of appellant on 26.07.1989. Appellant filed appeal against the order dated 26.07.1989 during pendency of D.B. Civil Miscellaneous Appeal No.348/1989 parties consented to settle dispute through Lok Adalat. The parties have mutually agreed for a decree of divorce and the appellant has also agreed to give a sum of Rs. 400/- per month to the respondent.

(3.) That after 18 years respondent/appellant filed an application D.B. Civil Miscellaneous Application no.178/2009 in D.B. Civil Miscellaneous Application No.348/1989 under Section 151 C.P.C. for enhancement of maintenance, which was opposed on many grounds. Court passed an order on dated 11.08.2010 and disposed of application without expressing any opinion on merit but granted liberty to the wife to invoke the provision of the Family Court Act read with the relevant provisions of Cr.P.C. by making appropriate application in this regard so that parties will get the opportunity to adduce evidence on the issue of income. Respondent filed an application on 05.10.2010 under Section 125 Cr.P.C. for enhancement of maintenance amount. Appellant filed a reply to the respondent's application. That application no.131/2011 is still pending before subordinate court.