BASANT LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a criminal revision directed against the judgement and order dated 10-8-1994 passed by Judge Family Court, Agra in Criminal Case No 548 of 1991, whereby an application of the opposite party Smt. Baby under S. 125, Cr. P.C. was allowed and she was granted maintenance at the rate of Rs. 500.00 per month.

(2.) I have heard Sri V. K. Birla, learned counsel for the revisionist as well as learned counsel for the contesting opposite party No. 2 Sri Virendra Singh.

(3.) On 16-7-1991 the opposite party No. 2 Smt. Baby filed an application under S. 125, Cr. P.C. in the Family Court at Agra. She alleged that she had been married with the revisionist according to Hindu Custom on 15-2-1990. But the revisionist Basant Lal was not satisfied with the dowry received at the time of his marriage and demanded more dowry and on refusal he used to beat his wife Smt. Baby and showed cruel behaviour against her and neglected her even in the matter of providing proper clothes and proper food and treatment. On 8-4-1991 she was forced to get out of his house she was left in her state of illness at the house of her parents and thereafter he totally neglected her and was never ready to take her back. She therefore claimed maintenance at the rate of Rs. 1000.00 per month on the ground that she was not able to maintain herself and the husband was having sufficient means and business earning about a sum of Rs. 4,000.00 per month. This application was contested by the opposite party who filed a written statement, but admitted the alleged fact of marriage. He however denied the allegation of demand of dowry, cruel behaviour and neglect. He had offered to take her back.