NITA SRIVASTAVA WIFE OF PRAKASH KUMAR, DAUGHTER OF N K SRIVASTAVA Vs. PRAKASH KUMAR SON OF C D PRASAD

JUDGEMENT

(1.) The petitioner-wife is aggrieved of the order dated 28.06.2016 passed in Misc. Case No.143 of 2013 by which the learned Family Court Judge has granted maintenance for the child but held that she is not entitled to maintenance under section 125 of the Code of Criminal Procedure.

(2.) The marriage between the parties was solemnized on 10.03.1999 at Jamshedpur and from the wedlock a girl child was born. In the application under section 125 of the Code of Criminal Procedure the petitioner has claimed maintenance of Rs.19,000/- per month for herself and for her daughter besides Rs.20,000/- in lump-sum as litigation cost. In her application the petitioner has pleaded that there was difference of opinion and temperamental differences between the parties and, therefore, they could not adjust with each other. She has alleged that after her marriage her husband has neglected her and did not maintain her, however, with intervention of the relatives and family members her husband started paying maintenance of Rs.9,000/- per month. She has made allegation against her husband that he was not interested to lead a conjugal life with her and he was also not looking after the minor daughter. She has further alleged that her husband was quarreling with her and this was affecting adversely welfare of their minor daughter. She has also alleged that her husband was not inclined to make her as his nominee in his service record. In her application, she has given details of expenses incurred by her as per the status of her husband.

(3.) In his show-cause reply the opposite party has denied the allegations of cruelty or harassment and alleged that his wife has on her own gone to her parental home with their minor daughter and she is living separately from him for the reasons best known to her. In paragraph no.4 of his show-cause reply he has referred to paragraph no.5 of the application filed by his wife to take a stand that those were the reasons why his wife is living separately. In paragraph no.6 he has stated that as a good gesture he has been paying Rs.9,000/- to his wife.