KRISHNABAI Vs. RAMCHANDRA

JUDGEMENT

(1.) THE wife, petitioner has preferred this revision under section 397 of Code of Criminal Procedure against her husband against the order passed in Criminal Revision No. 112/99 on 20th January. 2000 by Additional Sessions Judge. Dewas thereby reducing the amount of maintenance from Rs.1,500/ -to Rs.500/ -.

(2.) THE grievance of the petitioner is that she tiled an application before the trial Court under section 125 of CrPC on 18.8.1997 for claiming maintenance firstly at the rate of Rs.500/ - and thereafter amended and claimed Rs.3.000/ - per month on the ground that she was a married wife of the respondent. The marriage took place on 14.4.1993 and she was living with the husband but she was not treated well by the husband during this period and there are allegations for practising cruelty as well as demand of dowry. The respondent left the applicant with her parents. She lodged a report on 24.5.1997 before the B.N.P. Police Station, Dewas under section 498A of IPC and the case was registered.

(3.) I have heard the learned counsel for the parties and perused the record. It is undisputed before this Court that both are husband and wife and they are living separately and husband has refused to keep her and maintain her. The respondent is working as a teacher and also having irrigated land. In the evidence, it has come on record that the respondent is a 'Shiksha Karmi' in the Panchayat School since 1995 and he is working temporarily. He is getting two months' break in service every year and is also not getting salary of those two months of 'Summer Vacation'. This fact is not admitted by him that he is having 70 -75 beeghas of land. He admits that his family is having 4 -5 hectares of land even though this land is unirrigated. Therefore, it cannot be presumed that he is having income of about more than one lakh rupees per month from such small agricultural land without any proof. None of the parties have filed any documentary evidence relating to the agricultural land or income from land or from salary.