NARENDRA KUMAR Vs. SHOBHA KUMARI

JUDGEMENT

(1.) This is an application for revision against the judgment and order dated 13.7.1987 passed by Learned III Additional Sessions Judge, Budaun in Criminal Revision No. 299 of 1986.

(2.) The facts leading up to this application for revision may briefly be stated as follows: Smt. Shobha Kumari, who is the wife of the applicant Narendra Kumar. had moved an application under Section 125 Cr.P.C. in the Court of C.J.M., Budaun. The application was registered as Criminal Case No. 50 of 1986. The claim of the wife was that she was married to Narendra Kumar on 12.5.1979 in accordance with Hindu religious rites. After her marriage Smt. Shobha Kumari starting living with Narendra Kumar and duly used to perform the duties of a wife. A daughter was born out of the wedlock but she died subsequently. Initially the relations were some what cordial but subsequently dispute arose as Narendra Kumar and his parents wanted more dowry. The applicant was tortured and was forced to bring Rs. 5,000/- from her parents. Effort to kill Smt. Shobha Kumari was also made by Narendra Kumar. Finally Shobha Kumari left the house of her husband and started living with her parents.

(3.) The application was opposed by Narendra Kumar with the allegation that there was no justification for Shobba Kumari to claim any maintenance from him.