PERMESHWARI BAI Vs. SIYARAM VERMA

JUDGEMENT

(1.) BY this petition the applicant calls in question the legality, validity and propriety of the order dated 30.9.2004 passed by the Additional Sessions Judge, Baloda Bazar, District Raipur, in Criminal Revision No. 42/2004 dismissing the revision preferred by her against the order dated 6.11.2003 passed by Judicial Magistrate First Class, Baloda Bazar, in Criminal Case No. 13/2003 whereby the application filed by her under Section 125 of the Code of Criminal Procedure was rejected.

(2.) BRIEF facts of case in hand are that on 15.7.2002, the applicant/wife had filed an application under Section 125 of the Code of Criminal Procedure seeking maintenance of Rs. 3,000 per month from the respondent/husband. In the said application it has been stated that marriage of the applicant was solemnized with the respondent on 17.5.1986 as per the Hindu custom and out of the wedlock she is having a son and two daughters. It is further stated that the applicant was subjected to cruelty by her mother-in-law, father-in-law and brother-in-law but the respondent/husband being under their control never opposed such attitude towards her. It is stated that when her condition deteriorated and the respondent/husband as well as his parents did not pay any heed to her physical state by providing proper food and medical treatment to her, her father took her to the hospital and even while she was taking treatment in the hospital the respondent/husband did not bother to visit her. After recovery from her illness, she again went to the respondent/husband where her mother-in-law and father-in-law categorically refused to keep her and did not even give an entry in her room nor allowed her to meet her children. Though her father had made several efforts to patch up the matter, the respondent and his family members refused to keep her and in these circumstances she was compelled to live separately. Ultimately, a society meeting was arranged on 20.6.1998 in which a decision was taken by the Panchas that the respondent would pay Rs. 500 per month as maintenance to the applicant. It is stated that she had received a sum of Rs. 4,500 only for nine months from the respondent and thereafter no payment whatsoever was made by him. It is stated that respondent has performed second marriage on 11.9.2002 with one Radha Bai and in these circumstances it was literally impossible for her to go and live with him. It is stated that the respondent is working as a typist in Krishi Upaj Mandi, Nevra and at the relevant time his monthly income was Rs. 5,000 and this apart he is having 15 acres of agricultural land out of which he is having sufficient income.

(3.) FROM the application filed by the applicant under Section 125 of the Code of Criminal Procedure and the evidence led by her in support of her case, it is apparent that her marriage was solemnized with the respondent on 17.5.1986 and out of their wedlock she is having three children. Record further reveals that it has been admitted even by the respondent that he has performed second marriage with one Radha Bai. It is also not disputed by the respondent that he is working as a typist in Krishi Upaj Mandi, Nevra and thus it can safely be presumed that the minimum monthly income of the respondent must be around Rs. 10,000.