ASHOK Vs. ANITA ALIAS RENU

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure, 1973 by the petitioner is directed against an order dated 16th December, 2010, passed in Criminal Revision No. 114/2010, by the First Additional Sessions Judge, Jaura District Bhind, whereby the order dated 8th July, 2010 passed in Criminal Case No. 05/2010 by the Judicial Magistrate, Jaura was partly confirmed and the monthly maintenance allowance awarded to the respondent/wife and her son was reduced up to Rs. 1200/-.

(2.) The facts in short, just for the decision of this petition is that the respondent was married to the petitioner and she is his legally wedded wife. Out of their wedlock, one child was born. That child is residing with his wife, who at present is residing with her parents. It is alleged by the petitioner that one Bharat Gujar forcibly kidnapped of his wife and created obstructions in their marital life.

(3.) The petitioner filed the petition under Section 9 of the Hindu Marriage Act, which was pending. It is stated that during proceedings the respondent did not turn up to resume marital relations nor submitted any reply. It is also admitted that the respondent was willing to return back to her matrimonial house, but since last as criminal case was pending, she was inclined to return. The petitioner alleged that the respondent had the independent source of income to maintain herself. The respondent-wife categorically denied the allegations of the petitioner. She contended that the petitioner for illegal demand of money and articles, tortured her mentally and physically. He forcefully exiled her from her matrimonial house. She has no source of income to maintain herself. The petitioner is a shop-vendor and has the sufficient source to maintain her. After considering the submissions of both the sides, the learned Trial Court awarded a sum of Rs. 1500/-, as monthly maintenance to the respondent-wife. Against that a revision was preferred in which the monthly maintenance amount awarded to the respondent-wife was reduced to Rs. 1200/-, hence, this petition.