BADRI PRASAD Vs. ANTO BAI

JUDGEMENT

(1.) This criminal revision under section 397 read with section 401 of the Code of Criminal Procedure has been preferred by the applicant being aggrieved by the impugned order dated 22-8-2007 passed by the Sessions Judge, Damoh in Criminal Revision No. 49/2007 arising out of order dated 21-3-2007 passed by the JMFC, Damoh in Criminal Case No. 30/2004, whereby the application filed under section 125 of Criminal Procedure Code by the respondent has been allowed and the applicant is directed to pay maintenance at the rate of Rs.500/- per month.

(2.) The brief facts of the case are that the respondent Smt. Anto Bai was married with applicant Badri Prasad before 20 years back. They lived happily and peacefully. Out of their wedlock three children were born. Prior to 6 months of filing of the petition under section 125, Criminal Procedure Code the applicant started maltreating, abusing and beating her. She alleged that he has developed illicit relationship with his bhabhi Suhagrani. She was turned out from the house since then residing in her parental house. He made no efforts to take her back. She also gave notice to him. She is doing nothing and is dependent upon her parents for maintenance. On the contrary the applicant owns 30 acres of agricultural land and earns Rs. 1 lakh. He also earns Rs.50/- per day by selling milk. Since he has neglected her, therefore maintenance allowance at the rate of Rs.3,000/-per month be provided to her.

(3.) Applicant filed written statement denying all the allegations levelled by the respondent mainly contending that she herself has gone to her parental house after quarrelling with him. He tried several times to take her back to her matrimonial house but she refused to live with him. He is ready to keep her with him. He has further contended that he is a labour and earning only Rs. 40/- to 50/- per day, hence not in a position to provide maintenance allowance to his wife who living separately.