GEETA TIWARI Vs. GIRISH CHANDRA TIWARI
HIGH COURT OF UTTARAKHAND
Girish Chandra Tiwari
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(1.) In this revision, the challenge is to the judgment
and order dated 23.06.2009 rendered by Judge, Family Court,
Udham Singh Nagar in Misc. Criminal Case. No. 302 of 2007
titled as Geeta Tiwari Vs. Girish Chandra Tiwari.
(2.) Brief facts of the case are that Geeta Tiwari was
wedded with Girish Chandra Tiwari on 07.06.2002 at
Gularbhoj, District Udham Singh Nagar but after passing a
couple of months, as alleged, she was subjected to cruelty in
various modes on the question of dowry and ultimately, she
was constrained to leave her matrimonial house on 21.11.2004.
Her husband filed a divorce petition mainly on the allegation
that she lived in adultery. Divorce was granted by a civil court
at Bageshwar but the finding of divorce was overturned by the
first Appellate Court and this Court has been apprised that
against the order of first Appellate Court, Second Appeal No.
43 of 2010 has been preferred, which is pending before this
(3.) Having gone through the impugned judgment, it
appears that the Family Court has based its finding mainly on
the evidence available in the pleadings of divorce petition no.
10 of 2006. In the divorce petition, Girish Chandra Tiwari
levelled the allegation that his wife was living in adultery. The
court below also noticed that in the affidavit filed by Geeta
Tiwari in divorce petition, she did not make any averment to
the effect that she was subjected to beating, abusing and cruelty
in sundry ways at the hands of her in-laws, so the learned
family court drew inference that she was living in her parents
house as per her own volley. Only these were the grounds of
denial of maintenance to her.;
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