BINDE LAL Vs. KUSHMA DEVI

JUDGEMENT

(1.) -This is a revision against the judgment and order passed on 13-2-1987 by Sri G.P. Srivastava, the then IVt Additional Sessions Judge, Fatehpur. The learned Judge was deciding Criminal Revision No. 857 of 1986 and setting aside the judgment and order passed on 13-8-1988 by Mr. Janardan Singh the then III AddI. Munsif, Magistrate, Fatehpur. Mr. Janardan Singh was disposing of Criminal Case No. 46 of 1985 and had rejected the application of Smt. Kushma Devi (Kusuma Devi) for her maintenance and for her minor son, against her husband Binde Lal.

(2.) It appears that the case of Smt. Kushma Devi was that she was married with Binde Lal about two years prior to the filing of this application. During this period she was being beaten by the applicant constantly and a demand of Rs. 5000/- by way of additional dowry was being made. He was constantly threatening to kill her and was torturing her. A son was born. On the date of this petition he was 8 months old. Two months prior to the filing of the petition the lady was tied by the husband with a pillar and a licensed gun was pointed towards her and a threat to kill was given: Ultimately she was turned out of the house. Since then she is living with her father. She is unable to maintain herself. The husband earns about Rs. 1000/- per month from grain and cattle business. She, therefore, claimed a sum of Rs. 300/- for herself and Rs. 200/- for her son.

(3.) The husband filed a written statement. He took the plea that he never treated his wife with cruelty and never made a demand of Rs. 5000/-. He also took the stand that she was never threatened with gun and all these allegations are false. On the contrary, the wife was constantly pressing him to live separately from his parents and when he refused to oblige her she of her own accord left his house and started living with her parents. Inspite of repeated requests by the husband she did not turn up. The husband is prepared to keep her even now.