UDAIVIR SINGH Vs. VINOD KUMARI

JUDGEMENT

(1.) This revision is directed against order dated 16-3-1984 recorded by Sri Awadh Behari Shukla, XI Addl. Sessions Judge, Agra who allowed Criminal Revision No. 615 of 1983 and set aside the judgment of IInd Addl. Chief Judicial Magistrate, Agra dated 25-10-1983 in Case No. 40 of 1983, under Section 125, Cr. P.C. by which the petition of opposite party for recovery of maintenance was dismissed.

(2.) Briefly stated prosecution case was that about three years prior to 21-1-1983 when the petition for recovery of maintenance was filed in the Court of Magistrate concerned, parties were married in accordance with Hindu rites in Naya Nagla Kotali Bagichi, Police station Tajganj, Agra. Dowry worth Rs. 7,500/- was also given in that marriage by father of the respondent. However, revisionist and his family members were dissatisfied with that amount of dowry and mal-treated the respondent and rendered her life miserable during her stay in revisionist's house. They continuously pestered her with demands, of more dowry, she was sent to her house along with her father expressing their dissatisfaction in the matter of dowry.

(3.) Father of respondent convened a Panchayat persuading the revisionist to keep the respondent at his house with dignity. However, revisionist and his family members did not improve their behaviour and insulted her father also and there was no other option for the respondent except to go to the house of her father where she was residing for five months prior to the filing of the petition. The respondent was illiterate and could not secure any employment and her father was not in good financial condition to maintain her.