SUMER SINGH PARIHAR Vs. KALPNA

JUDGEMENT

(1.) Both these cases are being disposed of by this order as these arise out of the same order of Sri S.C. Mittal, learned Sessions Judge Jhansi dated 3-8-1983 who dismissed Criminal Revision No. 35 of 1983 preferred by Sumer Singh and allowed Criminal Revision No. 41 of 1983 preferred by Smt. Kalpna, wife of Sumer Singh.

(2.) Both these cases arose under following circumstances : Application under Section 125 of Code of Criminal Procedure for maintenance was moved by Smt. Kalpna on 5-8-1981. The Allegations were that she was the second wife of Sumer Singh married at Jhansi in 1979 according to Hindu rites. The first wife of Sumer Singh expired in a fire incident.

(3.) After her marriage with Sumer Singh, she performed her marital obligations and was pregnant. On 3-5-1981 she returned to her house with her brother as her father, who was a railway servant, was going to retire. Her elder sister Smt. Malti was murdered on 28-5-1981 and the entire family was grief stricken. It was on 6-6-1981 that her husband. Sumer Singh came to Jhansi to fetch her. She told Sumer Singh that on account of the murder of her sister it was not possible for her to accompany him. The whole family was stricken with grief and it was not an opportune time for her to accompany him. However, Sumer Singh was adamant and dragged her by catching her hair and belaboured her. It was on the intervention of her family members that her life could be saved. Her husband went away giving threats that his doors were closed for her forever. This incident of violence made her apprehensive that her life could be imperilled if she ever went to the house of Sumer Singh. It was further averred that she had no means of income and was unable to maintain herself and her husband was earning Rs. 500/- per month and could easily pay Rs. 200/- per month for the maintenance.