A wife who intentionally deserts her husband and subsequently remarries is not entitled to maintenance under Section 125 Cr.P.C.

JUDGMENT

Sandeep Mehta, J. - The instant revision petition under Section 397 Cr.P.C. has been preferred by the petitioners Smt. Tulsi Devi and her minor son Master Piyush for assailing the order dated 29.08.2017 passed by the Judge, Family Court, Sri Ganganagar in Criminal Misc. Case No.535/2014 whereby, the application preferred by the petitioners herein seeking maintenance from the respondent No.2 was rejected.

2. I have heard and considered the submissions advanced by the learned counsel for the parties and have gone through the impugned order.

3. Admittedly, facts as available on record indicate that the petitioner Tulsi Devi was married to the respondent No.2 Pramod Kumar on 20.02.2006 and the son Piyush was born from their wedlock on 06.03.2007. The petitioner Tulsi Devi filed an application under Section 125 Cr.P.C. claiming maintenance for herself and her son Piyush in the Family Court, Sri Ganganagar alleging that she was mentally and physically tortured in the matrimonial home after the marriage on account of demand of dowry. When she conceived, her in-laws sent her to her father's house where, she gave birth to the child named Piyush. The matrimonial relatives demanded a huge sum of money in 'Chhuchhuk'. The respondent Pramod Kumar met with an accident in the year 2009 whereafter, his behaviour towards Tulsi Devi became aggressive and he threatened to drown her and her son. Ultimately, she was turned out of the matrimonial home on 25.05.2009. She tried to settle the issue by convening community Panchayat but could not succeed. Thereafter, a criminal case was lodged against Shri Pramod Kumar. With these submissions, the application under Section 125 Cr.P.c. came to be filed.

4. Pramod Kumar filed a reply to the application stating therein that he met with an accident on 02.04.2009 in which, he received grievous injuries on his head and remained comatose for a long period. He was still under treatment. He took a specific plea that the applicant Tulsi Devi was never having an inclination to perform her matrimonial obligations. She considered the husband to be a burden and pressed for returning back to her father's house and went away from the matrimonial home of her own free will and volition. Pramod Kumar made regular efforts for bringing Tulsi Devi back to the matrimonial home. Numerous community Panchayats were held during this period but, Tulsi Devi took the adverse health condition of Pramod Kumar to be a hindrance and refused to return back to the matrimonial home. Pramod Kumar filed an application under Section 9 of the Hindu Marriage Act whereafter, he was attacked and was compelled to withdraw the same. He thereafter filed an application for annulment of the marriage before the Family Court, Jaipur on account of cruelty and desertion which was accepted and decreed on 11.09.2013. After the decree of divorce, Tulsi Devi remarried with Jagseer Ram, resident of Bhutar Sahareen, Tehsil Gidarbaha, District Muktsar (Punjab). After that, she again married a person named Pawan Bansal. The applicant Tulsi Devi had also deserted her child Piyush. Tulsi Devi herself appeared in evidence. Pramod Kumar examined himself and his father Omprakash by way of rebuttal evidence. After appreciating the evidence available on record, the learned Judge, Family Court, held that the defence raised by Pramod Kumar that the applicant Tulsi Devi intentionally deserted him because he got serverly injured in a road accident, was duly established. The fact that Tulsi Devi had remarried Jagseer Ram and then Pawan Bansal was admitted by her in her cross-examination and thus, the learned Judge, Family Court held that Smt. Tulsi Devi was not entitled to any maintenance whatsoever because she had intentionally deserted Shri Pramod Kumar and had thereafter, contracted marriage with two persons. Regarding the child Piyush, the learned trial court held that he would be entitled to maintenance from both, the father and the mother. Tulsi Devi admitted in h