JUDGEMENT
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(1.) This revision petition has been filed against the order dated 15.04.2015, passed by the learned Family Court, Udaipur whereby the learned Family Court has dismissed the petitioner's application under Section 125 Cr.P.C. for maintenance. Mr. KR Bhati, appearing for the petitioner has argued that the learned Family Court has committed grave illegality in rejecting the petitioner's application under Section 125 Cr.P.C. on the ground that the petitioner is living in adultery without there being any substance and despite the fact that the respondent failed to establish and prove that the petitioner ever remained in adultery after marriage with him. The learned Family Court further failed to believe on the statement of the respondent that the petitioner is having lacs of rupees in bank and having FDRs of lacs of rupees. The respondent is a Government employee and is getting monthly salary of Rs.15,000/- except this he is doing work of property dealing also. The petitioner is the wife of the respondent and it is duty of the respondent to maintain her. Per contra, Mr. Rakesh Arora, appearing for the respondent has argued that the respondent has filed a petition for declaring the marriage as null and void before the Family Court No.1, Jaipur and the Famly Court No.1, Jaipur has allowed the petition and declared the marriage of the petitioner and respondent as null and void. Counsel submits that the petitioner is living in adultery. The petitioner after the death of her previous husband was getting pension of Rs.4,000/- per month and she is income tax payers. Hence, there is no illegality in the impugned order. Heard the learned counsel for the parties and perused the impugned order as also the material available on record. As per ITR-2007 (Ex-A/1), the income of the petitioner Smt. Kapila was shown as Rs.2,42,904/- and in her statement, she admitted that she is regularly filing the income tax return and for the assessment year 2008-09 in the income tax return income was shown Rs.2,62,263/-. Therefore it cannot be said that she has no sufficient means to maintain herself. In addition to Exhibit-A/1, bank deposits and saving certificates of the petitioner have also been produced on record. The learned Family Court has also observed that Exhibit-A/52 statement of the petitioner Kapila recorded in a criminal case reveals that she is living an adulterous life. The learned Family Court has passed a detailed reasoned order which does not warrant any interference at the hands of this Court.
Consequently, I do not find any illegality or perversity in the impugned order. The revision petition is without force. Dismissed.;
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