f^- Wf CnmlnaLRsvislon No. 183 of 2. Srnt. Neera Bai W/o-Dils ram, Aged about 34 years Minor Subhas S/'o - Dile ram Aged about 10 year, Through:- Natura! Guardian mother Smt. Neera Bai, Ali are R/o-Krishna Nagar, Korba Poiics Station-City- Kotwail, DIstS-Korba (C.G.) Dileram S/o-Shukhram Aged aboui 40 years R/o-Village Quarter no. 22, Shahid Shagat Singh Colony, Poiice Station- Kotwali Distt-Korba (C.G.) iiajiiMAi IVlSJONJ.i/S 19(4) OF THE FAMILY COURT A'L:rtT ^fi^ i (SB: Hon'bie Mr. T.P. Sharma, J, Smt. Indira Tripathi, Advocate for the applicants. None for the non-app!icant. (Passed on 5'" May, 2008) This petition is directed against the order dated 13.12.2005 passed by the Judge, Family Court, Korba in Criminai M.J.C. No. 125/2005 wherebythe learned Judge; Famiiy Court rejected the appiication of the appiicant No. 1 on the soie ground that the applicant has concealed the previous appiication for maintenance relected bv the Court. 2. When the case is cailed out for hearina for the second time, none appears nor any representation is made on behaif of the tjion-appiicant. 3. Heard learned counse! for the apDticant. 4. Order impugned and record of the Famiiy Court perused. 2- ^^ (^ 5. !t is argued on behaif of the appiicants that the applicant No. 1 herself ha& aileged in para-3 of the applicaiion that there was previous appiication for msintenance and same was declded on the basis ofcomoromise. According to the appiicatlon of the applicant No. 1 filed before the Family Court, it is clear that the apoiicant No. 1 has not conceaied the facts of previous appiicatlon. Secondiy; the ciaim of maintsnance is continuini cause of action and even after rejection of the prevlous application the appiicant No. 1 is not debarred from filing the subsequent application: The Family Court has commltted an iliegality by dismissing the claim of ihe applicant No. 1 on the ground of rejection of her first maintenance application. Order impugned up to this extent is not sustainable. 7. Consequentiy, the revision is partly ailowed and the order of deniai. of maintenance to the appiicant No. 1 is hereby quashed. The matter is remanded back to the Family Court, Korba to hear the oartjes afresh and pass appropriate order in accordance wlth iavi/ relating to the claim of maintenance of the applicant No. 1. Sd/- T.p.Sbarma Judge