PADMJA SHARMA Vs. RATAN LAL SHARMA

JUDGEMENT

(1.) THIS appeal is directed against an order dated 4.10.1997 passed by the learned Judge, Family Court, Jaipur in Case No. 356/95 (Old No. 147/ 90) and Case No. 132/95 (Old No. 4/90) whereby the learned Judge, Family Court disposed of not only an application under Section 13 of the Hindu Marriage Act for divorce preferred by the presentappellant against her husband -respondent but also disposed of an application under Section 26of the Hindu Marriage Act and granted an amount of Rs. 500/ - per month to each of the minor children as maintenance effective from the date of the impugned order.

(2.) THE grievance of the present appellant Smt. Padmja Sharma is that even though the appellant and the respondent were married according to Hindu rites on 2.5.1982 at Jaipur and two sons were born to them named Manu alias Abhijit Sharma and Anu alias Atul Sharma, born respectively on 27.1.1984 and 28.6.1985, she was perforce compelled because of the inhuman cruelty perpetuated to her, to seek divorce.

(3.) THE appellant made an application on 21.5.1990 for the dissolution of marriage with a prayer for return of her Stridhan and also prayed for guardianship, custody and maintenance of her two minor sons who were neglected and refused to be maintained by the husband -respondent. It would be absolutely unnecessary for us to discuss in the present context how the respondent husband sought to adjourn the hearing of the case by moving frivolous applications before the Court and stalled his ultimate liability to pay maintenance to the two children who are both school going boys studying in decent educational institutions. The mother of the children i.e. the appellant herself is a College Lecturer in the adjoining District of Tonk and since she is a working girl, she is not entitled to maintenance of her own and she has not prayed such maintenance for her own.