SATYA PRAKASH Vs. SUSHILA DEVI

JUDGEMENT

(1.) This is an application for revision against the judgment and order dated 30th November, 1988 passed by Additional Sessions Judge, Varanasi in Criminal Revision No. 244 of 1988 (Sushila Devi, alias Munni v. Staya Prakash alias Lalloo)

(2.) The facts of the case may briefly be stated as follows: Smt. Sushila Devi (Opp. party No.1) was married with Satya Prakash (the applicant) on 19-2-1984 in accordance with Hindu religious rites and ceremonies. Both the parties to the marriage were invalids. Smt. Sushila Devi had only one eye while Satypa Prakash left hand was missing.

(3.) An application under Section 125 Cr.P.C. was moved by Smt. Sushila Devi in the court of II Munsif Magistrate, Varanasi, claiming Rs. 500/per month by way of maintenance allowance on the ground that due to insufficiency of dowry Satya Prakash was treating her with cruelty and had finally turned her out of the house. She had no means of livelihood and Satya Prakash was bound to provide for her maintenance. The application was opposed by Satya Prakash who, in his written statement, amongst other pleas, had taken the plea that Sushila Devi was living separately from him in pursuance of a registered agreement which was executed by her after receiving a sum of Rs. 10,000/- from him. It was also agreed between the parties that Smt. Sushila Devi will have no claim over Satya Prakash and the parties were free to re-marry.