MADHURI BAI Vs. SAHEB DAS

JUDGEMENT

(1.) This revision is brought against the order passed by the Additional Sessions Judge, Khairagarh, District Rajnandgaon, in Criminal Revision No.55/2006 passed on 05.07.2007 allowing revision petition and setting aside the order of maintenance in favour of petitioner by the Court below under Section 125 of Cr.P.C.

(2.) Petitioner and two others filed an application under Section 125 of Cr.P.C. before the Court of Additional Chief Judicial Magistrate, Khairagarh, it was stated that petitioner was legally wedded wife of respondent and non- applicants No.2 and 3(in the order of Court below) were his siblings. Marriage of petitioner and respondent was solemnized on 21.04.1999. After some time of marriage, the petitioner was subjected to cruelty by respondent on pretext that she is suffered from night blindness and also for demand of dowry. Because of the continued torture given by the respondent the petitioner was compelled to take shelter of her paternal home along with her siblings. Respondent continuously neglected to maintain the petitioner and her siblings. Petitioner and her minor siblings were unable to maintain themselves. It was prayed before the Court below to pass order for maintenance, in favour of petitioner and her siblings.

(3.) Respondent admitted in his reply that petitioner was his married wife and the minors are his daughters. He denied all the other allegations regarding neglect, competency to provide maintenance and that petitioner was unable to maintain herself. Further, he has stated that he is willing to keep the petitioner and his minor daughters with him and maintain them. On these grounds, he prayed for dismissal of the application.