PHOOL BAI Vs. KIRTAN S/O MAHANGU LODHI

JUDGEMENT

(1.) This petition is directed against the order dated 25-07-2007 passed by Additional Sessions Judge, Khairagarh, District Rajnandgaon in Criminal Revision No.47 of 2007, by which the order passed by the Court below allowing the application filed under Section 125 of the Code of Criminal Procedure (for short 'Cr.P.C') in favour of the applicant was set aside.

(2.) The applicant has filed an application under Section 125 of the Cr.P.C. stating that she is married wife of non-applicant. She went to live in her matrimonial home in the year 2002. After passing of one year, her in-laws started torturing and treating her cruelty for demand of dowry by abusing and assaulting her. At one point of time, she was given some food mixed with poison due to which her pregnancy of four months got aborted, then she was turned out of her matrimonial home. Ultimately, she was sent to her paternal home by the non-applicant himself. It is stated that non-applicant wilfully neglected in giving her maintenance and she was unable to maintain herself whereas the non-applicant is a man of means from different sources of income, on this ground maintenance was prayed for.

(3.) The non-applicant admitted about the marriage but he denied the other allegations in the application. It was stated that the applicant herself was quarrelsome. After she left her matrimonial home, non-applicant tried to bring her back but she used to threaten him that if she is forced to go, she will consume poison and that the non-applicant and his family members will get involved in the case. The applicant is residing in her parental home by her own choice and without any sufficient cause and she is willingly residing separately. Non-applicant is a labourer and earns Rs.20 - 25/- per a day subject to the availability of labour work. He is unable to pay any maintenance, prayed for rejection of the application.