SAVITRI PANDEY Vs. JUDGE FAMILY COURT

JUDGEMENT

(1.) These two revisions under Sections 397 and 401 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') arise out of the common judgment and order dated 1-6-1996 passed by the Judge, Family Court, Allahabad and there fore, they are taken up together for disposal by this common judgment.

(2.) The brief facts giving rise to the present revision, are that Smt. Savitri Pandey wife of the revisionist of Criminal Revision No. 1196/1996 moved the Judge, Family Court, Allahabad under Section 125 of the Code for grant of maintenance stating that on account of persistent demand of dowry soon after her marriage which was solemnized on 6-5-1987, she had to leave her husband's home and came to stay with her parents and since then (21 -6-1987) when no financial aid had been received from her husband. On the other hand, husband and his family members had been insisting upon for the fulfilment of demand of dowry. She has all along been living on the mercy of her parents and finally on 24-9-1988 the petition, demanding Rs. 1,500/- per month as maintenance, was filed.

(3.) The petition was contested by her husband-Prem Chand Pandey by filing a written statement in which he pleaded that neither he had demanded dowry nor the wife has been harassed by him or by his family members for that purpose. She was herself not willing to stay in the joint family and wanted the husband to come and stay with her at her parents' place.