ARVIND KUMAR VERMA Vs. SUMAN

JUDGEMENT

(1.) The Opposite Party filed an application under Section 125 Cr.P.C. before the Principal Judge, Family Court, Kanpur Nagar which was registered as Misc. Case No. 571 of 1993 claiming maintenance allowance at the rate of Rs. 500/- per month stating herself to be legally wedded wife of the revisionist and alleging that she remaind with the revisionist from 19.11.91 the date of marriage to 21.7.92 on which date she was given a beating by the revisionist and his parents and was turned out of the house as her father was unable to satisfy their dowry demands. She was pregnant at that time by seven months. The child, subsequently born, died. It was further said that in order to save himself from giving the maintenance the revisionist had filed a suit for divorce with false allegations, It was also alleged that the revisionist is working with Lohia Machines and was earning Rs. 2,500/- per month. The revisionist did not dispute her marriage with the Opposite Party. He denied the other allegations made in the application and stated that the Opposite Party failed to fulfil her marital obligations. She and her father and mother insisted that he should live in another house separate from his father and since he did not agree to the Opposite Party along with all clothes, ornaments and other articles went with her father on 22.1.92. Since then she is residing there. It was further-said that at the time of marriage she was pregnant and was having illicit relations with another person and for that reason he had filed the petition under Section 24 of Hindu Marriage Act.

(2.) The Court below believed the version of the Opposite Party and granted the applicant awarding Rs. 500/- per month as maintenance allowances from the date of order.

(3.) I have heard the learned Counsel for the parties and have perused the record.