PREMA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) V. D. Chaturvedi, J. This Criminal Revision is preferred against the judgment and order dated October 12, 2004 passed by Sri R. K. Gupta, Family Judge, Azamgarh in Case No. 296 of 1998, Prema Devi v. Phool Chand Yadav, whereby he has dismissed the revisionist's petition moved under Section 125 Cr. P. C. for maintenance allowance.

(2.) THE relevant facts giving rise to this revision are that the petitioner Smt. Prema Devi filed a petition under Section 125 Cr. PC. for her maintenance stating that her marriage with Phool Chand Yadav (respondent No. 2) was held on 1-6-1993 according to Hindu rites and rituals; that she started living with him, discharging her duties as his wife; that the opposite party Phool Chand Yadav demanded a golden Seekari and a Motorcycle and warned that if these items were not given he would burn her alive; that after her Gauna held on 20-5-1994 she again went to her husband's house, but her husband's demands still persisted and he had attempted to kill her by burning her alive and by injecting poison; that on 10-6- 1997 the opposite party (Phool Chand Yadav) settled his another marriage with the daughter of Hari Ram of village Rasoolpur, P. S. Khuthan District Jaunpur; that opposite party and Ors. increased the atrocities upon her; that they had beaten her, regarding which a case under Sections 498-A, 342, 504, 506 I. P. C. was registered; that she was ousted from the house by the opposite party; that she was incapable of maintaining herself whereas her husband had a good income from his profession as an Advocate; that he was a Pradhan also. She prayed for the maintenance allowance at the rate of Rs. 1,000/- per month.

(3.) I have heard Sri R. P. Yadav, learned Counsel for the revisionist and the learned A. G. A for the State. Sri D. K. Singh the Counsel for opposite party No. 2 (Phool Chand Yadav) was not present even on the revision of the list, hence he could not be heard. I have perused the record.