HARPAL Vs. MEENA DEVI

JUDGEMENT

(1.) S. N. Saxena, J. This revision application is directed against the order and judgment dated 20-7-1992 passed by Sri Y. S. Raizada Judge, Family Court, Bareilly in Criminal Misc. Case No. 1027 of 1991 - Smt. Meena Devi v. Harpal under Section 125, Cr. P. C. whereby the allowed the application and fixed a sum of rupees 300 per month as he amount of maintenance to be paid by the revisionist to her every month w. e. f. the date of the filing of her application dated 27-6-1991. Feeling aggrieved that husband preferred this revision application.

(2.) IT was admitted case of both the parties that the revisionist was married with O. P. No. 1 Smt. Meena Devi in a legal and valid manner and had lived peacefully, thereafter, for some time as husband and wife. The rela tions, thereafter had become strained as the revisionist used to make demand for more and more dowry. One such demand was for rupees 20,000 from her father to her husband but it was not fulfilled as a result of which the revi sionist had started treating her in a very cruel manner and ultimately had turned her out of his house. She also had filed a First Information Report on 30-6-1990 when she had been turned out at P. S. Keela in town, Bareilly. Her husband, thereafter did not brother to take care of her and sometime later had remarried Smt. Kiran Devi in accordance with the provisions of the Special Marriage Act. Her husband had got income of about Rs. 3000 per month which included rental income as well as agricultural income of his share. The wife being illiterate was not in a position to maintain herself. Finding no other remedy she had moved the application under Section 125, Cr. P. C.

(3.) I heard the submissions put forward on behalf of both the parties and also perused the impugned judgment carefully, I do not find any manifest illegality by the learned lower court while appreciating the evidence adduced by the parties before him. After taking into consideration the documentary evidence already mentioned above he had rightly arrived at the conclusion that her husband had |remarried |smt. Kiran Devi. She, therefore, was justified in living separately from her husband and also for getting maintenance from him. The family court Judge also rightly held that the husband had started treating his first wife in a very cruel manner his demand for more money could not be fulfilled by her |father. He ultimately turned her out from his house. It was also in evidence that a male child was born out of the wedlock between Smt. Kiran Devi and revisionist Harpal.