GEETA TIWARI Vs. GIRISH CHANDRA TIWARI

JUDGEMENT

(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 Court.

(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.