SATISH KUMAR Vs. RAJ KUMARI SAHU

JUDGEMENT

(1.) THIS criminal revision is directed against the judgment and order passed on 1-12-1984 by Shri Ashok Srivastava, Judicial Magistrate (Second) Jaunpur. The learned Magistrate was disposing of Criminal case no. 296 of 1983 instituted by Smt. Raj Kumari Sahu against her husband Satish Kumar Sahu for maintenance under the provisions of section 125 of the Code of Criminal Procedure.

(2.) SOME brief facts relevant to the present matter may be enumerated. There was no dispute between the parties as regards their marital status. It was also admitted that the marriage took place on 3-2-1982, according to Hindu rites. The wife remained with the husband's family according to custom for about one month and then returned back to her father's house. Then the ceremony of Donga (second marriage) was performed and she went back to her in-laws. It is also undisputed that with effect from 25-7-1982 she is now living with her parents'. Her contention is that she was treated cruelly, threatened with being shot dead and brought to Jaunpur and left uncared of and she came to her father's house On the contrary, the husband's contention is that there was no cruelty. The lady perhaps did not like her husband and therefore did not want to live with him and it was her brother who brought her to her parents' house on 25-7-1982.

(3.) THIS being so, the revision is allowed in part. The order of the learned Magistrate granting maintenance allowance to the wife effective from the date of the application under section 125 CrPC is upheld, but the amount is reduced to Rs. 150/- per month. Revision allowed.