ANSUIYA BAI Vs. HAWASLAL TULSIRAM

JUDGEMENT

(1.) THIS is a revision petition by the wife against the order dated 21-3-1984, passed by the Additional Sessions Judge, Balaghat, in Criminal Revision No. 57 of 1983, by which the order dated 1-9-1983, passed by the Judicial Magistrate First Class, Waraseoni, in Miscellaneous Criminal Case No. 38 of 1981, granting maintenance Under Section 125 of the Code of Criminal Procedure has been reversed.

(2.) ADMITTEDLY, the applicant is the legally wedded wife of the non-applicant. On 15-5-1981, the non-applicant contracted second marriage and the applicant is living separately with her parents.

(3.) THE case of the applicant is that after the second marriage of the non-applicant, he started treating the applicant with cruelty. A son was also born to the non-applicant out of the wedlock of the second marriage. The cruelty became unbearable. Her father had to get her custody through a search warrant from Court. As such, she was compelled to leave the house of the non-applicant and live with her parents. According to her, on 8-4-1981, signatures on some blank papers were taken from her in the Court premises forcibly. She was informed that some agricultural land is being given to her. But, subsequently it was found that it was a consent deed permitting the non-applicant to have a second marriage. According to her, she never consented to it. Since she was not being maintained by the non-applicant, she filed an application before the Trial Magistrate Under Section 125, Criminal Procedure Code for grant of maintenance of Rs. 150/- per month, submitting that the non-applicant has 10 acres of agricultural land and other sources of income.