LAXMI PRASAD YADAV Vs. SHANTI BAI

JUDGEMENT

(1.) With the consent of the parties the matter is heard finally.

(2.) The present petition is filed against the order dated 16.2.2001 passed by Additional Sessions Judge, Raigarh in Criminal Revision No. 76/2000 affirming the order dated 29.2.2000 passed by Judicial Magistrate First Class, Raigarh in M.Cr.C. No. 88/1998 granting maintenance of Rs. 500/- per month in favour of the respondent/wife.

(3.) Brief facts of the case are that on 30.10.1996 respondent/wife had filed an application under Section 125 of the Code of Criminal Procedure alleging that her marriage with the appellant was solemnized on 3.5.1992 and 6-7 days thereafter she came to know that the applicant was already keeping one Basanti Bai as concubine. It is also alleged that said Basanti Bai and the applicant started subjecting her to cruelty and compelled her to bring some money from her widow mother and when she refused to do so she was being subjected to cruelty and was also deprived of food and water. It is alleged that when she had fallen sick, treatment was also not provided to her and in these circumstances she was left with no other option but to go and live with her mother. She has stated that even the stridhan given to the husband at the time of marriage was not returned to her despite a legal notice dated 5.10.1996. She has stated that she is not in a position to maintain herself and therefore Rs. 500/- per month be awarded to her as maintenance amount. She has stated that the applicant is working as driver in a Government Hospital and drawing a salary of Rs. 3,000/- per month.