Shiv Kumar Netam v. Meena Devi Netam and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Online)(Chh) 77

CHATTISGARH HIGH COURT
Sanjay K. Agarwal, J.
Shiv Kumar Netam v. Meena Devi Netam and Another

Advocates:
For the Appellants/Petitioners: Shri P. P. Sahu
For the Respondents: Shri D. N. Prajapati

Table of Content
1. appeal regarding maintenance under section 125. (Para 1 , 2 , 3)
2. arguments on evidence for adultery. (Para 4 , 5)
3. legal findings on the proof of adultery for maintenance. (Para 6 , 7 , 8 , 11)
4. final decision to dismiss the appeal. (Para 12)

1. The applicant / husband questions the order of Family Court dated 05.10.2006 passed in Misc. Suit No.650/2005 granting maintenance under S.125(1) of the Code of Criminal Procedure (for short 'the Code - ) to non - applicant No.l / wife, by filing criminal revision under S.19(4) of the Family Court Act,1984.

2. The core facts necessary in order to understand the dispute and for eventual adjudication are as under: -
2.1 Non - applicant No.l - Meena Devi Netam along with her daughter (Non - applicant No.2) filed an application under S.125 of the Code pleading inter alia that she is the legally wedded wife of applicant and the non - applicant No. 2 is her daughter. It was further pleaded that the non - applicant No.l / wife is suffering from heart ailment and undergoing treatment at Dhamtari, and she has been forced to live separately on account of ill treatment extended by the applicant and, as such, they are unable to m