SANTOSH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE revisionist Santosh Kumar Singh has filed this revision against the judgment and order dated 24.04.2003 passed by Judicial Magistrate, Saidpur, District Ghazipur, whereby the Magistrate has allowed the application under Section 125 of the Code of Criminal Procedure in favour of opposite party no. 2 Smt. Ranju Singh, directing the revisionist to pay Rs. 1,000/- per month as maintenance.

(2.) IN brief the facts of the case are that the wife Smt. Ranju Singh moved an application under Section 125 of the Code of Criminal Procedure in the Court of Civil Judge (Junior Division)/ Judicial Magistrate, Saidpur, District Ghazipur for maintenance alleging that her marriage took place with Santosh Kumar Singh on 18.06.1999 at Village Odihar Kala, P.S. Saidpur, District Ghazipur and sufficient dowry was given at the time of marriage. There was a demand of Rs. 10,000/- cash, two gold bangles and one gold neckless, which demand could not be completed due to insufficiency of finances and for that the wife was being harassed and teased by the husband and his family members. The father of the wife Smt. Ranju Singh assured the revisionist Santosh Kumar Singh for fulfilling the demand within a period of six months. However, the promise could not be honoured by her father and as such Smt. Ranju Singh was beaten. In the meantime Smt. Ranju Singh became pregnant. On 15.10.2000 her husband's in-laws beat her severely as a result of which miscarriage took place. When the father of Smt. Ranju Singh got the information, he came to the in-laws house on 16.10.2000 and brought his daughter Smt. Ranju Singh to his house on 17.10.2000 where her treatment took place. The incident was reported at Police Station Saidpur on 19.10.2000 and a case under Section 498 A and 313 I.P.C. was registered. The applicant Smt. Ranju Singh has further alleged that she is unable to maintain herself whereas the husband is having sufficient earning by doing business. The father of the husband is employed in D.L.W. at Varanasi, and earning Rs. 15,000/- per month by way of salary. She prayed that an amount of Rs. 1,000/- per month be allowed to her as maintenance.

(3.) THE learned Lower Court recorded the evidence of both the parties and after considering the evidence came to the conclusion that the applicant Smt. Ranju Singh is living separately from her husband for reasonable cause, she is unable to maintain herself and that the husband Santosh Kumar Singh has neglected his wife and is not maintaining her. The Court further found that the husband is doing some business and is also having agricultural land. He can pay the maintenance to the wife. The Lower Court then ordered for payment of Rs. 1,000/- per month as maintenance to the wife from the date of application moved under Section 125 of the Code of Criminal Procedure.