PUSHPAWATI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Shiv Dayal Tiwari, learned counsel for the revisionist, learned AGA for the State and perused the record.

(2.) This revision has been preferred against the order dated 17.7.2007 passed by the Additional District and Sessions Judge 1st, Basti, by which the revision filed by the opp. party No.2, Arun Kumar, has been allowed and the order dated 15.7.2006 passed by Special Magistrate, Basti, granting the interim maintenance of Rs. 450/- per month to the revisionist Smt. Pushpa Devi has been set aside.

(3.) Brief facts giving arise to the present revision is that the marriage between the revisionist Smt. Pushpa Devi and the opp. party No.2 Arun Kumar was solemnized in the year 1988. After the Gauna Ceremony in the year 1990, the revisionist started living with her husband opp. party No.2 and performed her matrimonial obligations. Her husband used to the perform the work of Purohit in Delhi and Village Jabar and from which he used to earn Rs.40,000-50,000/- per month. Besides this, he had sufficient agricultural land in Village Sakunati from which he also had a good source of income. The opp. party No.2 used to harass the revisionist and treated her cruelly and deserted her and did not maintain her, hence she prayed that Rs. 5,000/- per month be paid to her as maintenance by her husband, opp. party No.2, for which she moved an application under Section 125 Cr.P.C. and also along with it moved an application for interim maintenance claiming Rs.3000/- per month as her husband had a good source of income. The revisionist was ousted by her husband in the year 2002 who had assaulted and treated her in a cruel manner. On 30.6.2002, a compromise was entered between the revisionist and the opp. party No.2 and the revisionist returned to her husband house and started living with him. But in the year 2002 the revisionist again started ill treating and torturing the revisionist and she was again ousted by opp. party No.2 in July, 2002. On 19.9.2002, an application under Section 125 Cr.P.C. was moved by the revisionist claiming maintenance from her husband opp. party No.2 for Rs. 5000/- per month, on which an objection was filed by the opp. party No.2 on 14.11.2005. On 4.1.2006, the revisionist also filed an application for interim maintenance claiming Rs. 3000/- per month from opp. party No.2 on which an objection was also filed by the opp. party No.2 on the interim maintenance application on 7.2.2006.