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Bench: JUSTICE M.L. Tahaliyani

NINAD Vs. SANJAY On 3 February 2012

Law Point:
Divorced Wife has enough means to maintain herself, grant of maintenance only to Son.






2. Heard finally by consent.

3. The revision application is filed by the son of the non-applicant who is 13 years old. Applicant-Ninad was born to non-applicant Sanjay Thaware and his wife Aparna Sanjay Thaware. Over a period of time relations between non-applicant and Aparna became strained and ultimately the non-applicant had filed petition for divorce before the Family Court at Nagpur on the ground of cruelty. The applicant through his mother and his mother-Aparna herself, both had filed an application under Section 125 of the Code of Criminal Procedure for grant of maintenance. The divorce petition of non-applicant-Sanjay and the petition of the applicant and his mother were heard together and were decided by a common judgment. The final order of the learned Family Court runs as under:

“In Petition No. A-12/2008

1. The petition is allowed with no costs.

2. The marriage between the Petitioner Sanjay s/o. Chintamanrao Thaware and the Respondent Smt. Aparna w/o Sanjay Thaware solemnized on 6.6.1998 is hereby dissolved by a Decree of Divorce.

3. A Decree be drawn up accordingly.

In Petition No. E-413/2006:

1. The petition is partly allowed.

2. The Petitioner-husband shall pay Rs. 1,500 per month toward maintenance of child Ninad from the date of this order.

3. The claim of maintenance of Respondent-wife is hereby rejected.

4. He shall also pay Rs. 2,000 to her towards the costs of the Petitions.

5. A copy of this Judgment be placed with record of Pt. No. E-413/ 2006.”

4. It is submitted on behalf of the applicant that the order of the learned Trial Court is erroneous inasmuch as the mother of the applicant Ninad has also been directed to contribute something for his education and other expenses. It is submitted that the maintenance granted by the Trial Court to the applicant to be paid by the non-applicant is Rs. 1,500 per month. It is not sufficient for the maintenance of the applicant.

5. I have gone through the judgment of the learned Trial Court. It appears that the learned Trial Court was of the view that the amount of Rs. 3,000 will be required for proper maintenance of the applicant. The learned Trial Court has directed the non-applicant Sanjay to pay Rs. 1,500 and the rest of the amount is to be borne by mother of the applicant. The learned Trial Court has also taken into consideration the source of income of the mother of the applicant and the reasons for grant of decree of divorce. The decree of divorce has been granted to the non-applicant on the ground of cruelty. What is important to be noted here is that the mother of the applicant i.e. wife of the non-applicant had opted to remain absent for cross-examination by the non-applicant. It is submitted that she had filed her affidavit of evidence in the Family Court but did not turn up to tender herself for cross-examination by the non-applicant. This fact has not been disputed during the course of hearing.

6. After having gone through the judgment and after hearing both the sides, it appears to me that the mother of the applicant has got sufficient means to maintain herself and to contribute something for maintenance of the applicant. Taking into consideration the grounds on which decree of divorce has been granted to the non-applicant and also taking into consideration the conduct of the mother of the applicant and her source of income, the order does not appear to suffer from any infirmity. I do not think that any case is made out for interfering with the order in exercise of revisional powers.

The revision application, therefore, stands dismissed.

Revision Application dismissed.

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