RAVINDER NATH SHARMA Vs. NIRMAL SHARMA

JUDGEMENT

(1.) A petition under section 125 of the Criminal Procedure Code (hereinafter to be referred to as the Code) was brought by Smt. Nirmal Sharma and her son Nagesh Sharma (alias Rinkoo) against Ravinder Nath Sharma for maintenance for herself and her minor son Nagesh Sharma and which was dismissed vide judgment dated 3rd June, 1981 by the learned Metropolitan Magistrate. A criminal revision being No. 36/81 was filed by Nirmal Sharma and Nagesh Sharma challenging the magistrate's order and the revision was accepted by the learned Additional Sessions Judge Delhi and setting aside the order of the learned magistrate, maintenance at the rate of Rs 300.00 per month and Rs. 100.00 per month was allowed respectively to Nirmal Sharma and her minor son Nagesh Sharma w.e.f. 29th October, 1977, the date of making the petition under section 125 of the Code.

(2.) Feeling aggrieved with the aforesaid order of the learned Additional Sessions Judge, Ravinder Nath Sharma has filed this criminal revision in the High Court and has alleged the same as erroneous.

(3.) Ravinder Nath Sharma (hereinafter to be referred to as the husband) was married to Smt. Nirmal Sharma (hereinafter to be referred to as the wife) on 26th June, 1972 at Delhi according to Hindu rites and out of the wedlock Nagesh Sharma alias Rinkoo was born to them The case of the wife against the husband, as disclosed from her petition under section 125 of the Code was that she was turned out of the matrimonial home by the petitioner after giving her severe beating on 29th August 1977 since when she and her minor son Nagesh Sharma have been living with the father of the wife. The reason alleged by the wife for her turning out from matrimonial home was that on that day the husband had demanded a sum of Rs. 2000.00 to be brought by her from her parents and the wife declined to oblige him asserting that her parents were not in a position to give her that amount whereupon the husband, his father and his sister gave to the wife merciless beating with lathi blows and then turned her out of their house. The wife lodged a report with the police post Rajouri Garden, New Delhi, vide DD No. 51 dated 29th August, 1977 and she also sent complaints to D.S.P. and S P. (Crime Branch) and various other authorities including the Station House Officer, New Delhi, but without any fruitful result.