Pramod Kumar Srivastava, J. - (1.) This revision has been preferred against judgment dated 8.2.2010 passed by Additional Principal Judge, Family Court, Kanpur Nagar in Case No. 585 of 2006 (Old No. 647 of 2002) Smt. Kiran Yadav v. Dharampal Yadav under section 125 Cr.P.C. by which the trial court had directed the revisionist-husband to pay maintenance to his wife.
(2.) It is admitted case between the parties that the revisionist-husband had filed Divorce Petition HMA No. 145 of 2005, Dharam Pal Yadav v. Smt. Kiran Devi @ Babita before the District Court, Ludhiana for divorce against his wife. It is also admitted fact that opposite party of said case Smt. Kiram Yadav (present opposite party no.-2) had appeared in said case but later on she absented herself and said case was decreed by judgment dated 23.12.2006 by Additional District Judge, Ludhiana granting decree of divorce to revisionist on the ground of cruelty and continuous desertion by wife for more than 2 years.
(3.) Thereafter, the opposite party no.-2 Smt. Kiran had moved application under section 125 CrPC before the Family Court, Kanpur Nagar in which parties had appeared adduced their evidences. In this case the revisionist had pleaded that divorce was granted in his favour on the ground that his wife Kiran had treated him with cruelty and deserted him continuously for more than 2 years without satisfactory reason. In spite of knowledge of such existing decree of divorce, the trial court had ignored it deliberately with the averment that said decree of divorce is ex-parte so it cannot be relied. After disbelieving the finding given in the decree of divorce, the trial Court had considered the evidences and then passed the impugned order of maintenance in favour of applicant-wife, which is under challenge before this court.;