SITA BAI Vs. JETHURAM SINHA

JUDGEMENT

(1.) Since common question of law and fact is involved in both the revisions, they are being heard analogously and are being decided by this common order.

(2.) Smt. Sita Bai ­ wife, filed an application under Section 125 of the CrPC pleading inter alia that her marriage was solemnized with Jethuram Sinha in the year 1971 as per Hindu rites. She has further pleaded that she had earlier filed an application for maintenance which culminated into compromise in the year 1993 and her husband Jethuram is staying with one woman Neera Bai since 1980 and he has three sons with said Neera Bai. She has also pleaded that Jethuram has deserted her and failed to make payment as per the compromise entered into in the year 1993. Now, she is unable to maintain herself and her husband is getting Rs.28,000/ - per month as pension, having retired as Assistant Grade -II from the Electricity Department. Therefore, Rs.15,000/ - per month be granted to her as maintenance, as she is unable to maintain herself.

(3.) In the reply filed before the Family Court, the non -applicant herein ­ husband, submitted that he had already divorced applicant Sita Bai by way of customary divorce that is 'chhorchutti' and there is no relationship of husband and wife between the parties and that the applicant wife is already getting Rs.9 lakhs per annum from the landed property which she has and she is hale and healthy woman and case for partition is already pending consideration in the High Court, as such, she is not entitled for maintenance.