DHIRAJ SINGH Vs. RAJESHWARI DEVI

JUDGEMENT

(1.) This revision has been filed against the order and judgment dated 3.10.1985 passed by Sri Parduman Kumar, lind AddI. Sessions Judge. Mathura in Criminal Revision No. 63 of 1985 Smt. Rajeshwari Devi. v. Dhiraj Singh, whereby upsetting the order of the Special Judicial Magistrate, Mathura in Case No. 51 of 1984 under section 125, Cr. P.C. the revisional court directed a sum of Rs. 400/- pm. to be paid to Smt. Rajeshwari Devi as the maintenance allowance by Dhiraj Singh, the applicant.

(2.) Briefly stated the facts of the case are that Smt. Rajeshwari Devi moved an application on 24.5.1984 before the Special Judicial Magistrate, Mathura under section 125. Cr. C.P. She alleged that she was married to Dhiraj Singh on 18.1.1981. According to her, Dhiraj Singh was not satisfied with the dowry with the result that he used to beat and maltreat her. It was also alleged by her that on one occasion Dhiraj Singh even poured kerosene oil on her with a view to set her on fire. According to her, she was finally turned out by Dhiraj Singh from his house and had refused to maintain her. Smt. Rajeshwari Devi claimed that Dhiraj Singh was a medical practitioner and had an income of Rs. 3000/- p.m. apart from 20 acres of land in village Nekpur, which also yielded an annual income of Rs. 50000/- per year. Consequently, she claimed Rs. 500/by way of maintenance from Dhiraj Singh.

(3.) Dhiraj Singh contested the claim of Smt. Rajeshwari Devi. While he admitted his marriage with Smt. Rajeshwari Devi, be denied all other allegations. His case was that he was the only son of his parents and his wife wanted to leave his parents and live with her parents. He also denied that he earned Rs. 3000/- p.m. from his profession and contended that his income was hardly Rs. 400/. p.m.