TEJ SINGH Vs. SRIBAI

JUDGEMENT

(1.) The applicant/husband has filed this revision under section 397/401 of the Cr.P.C, being aggrieved by the order dated 22.10.2010 passed by the Principal Judge, Family Court, Tikamgarh in MJC No.176/10 whereby allowing the respondent's application filed under section 125 of the Cr.P.C, the applicant has been directed to pay her the maintenance amount at the rate of Rs.1500/- per month from the date of the order.

(2.) The facts giving rise to this revision in short are that the respondent herein filed the above mentioned application under section 125 of the Cr.P.C against the applicant contending that she got married with the applicant before 7-8 years in accordance with the Hindu rituals and rights. Subsequent to her marriage whenever she resided in the matrimonial home, she was always subjected to harassment and cruelty by the applicant and his family members, the mother, elder brother and sister-in-law. In such harassment and cruelty, she was subjected to beating. Besides this, she was asked by them to bring the motor-cycle and Rs.20,000/- cash from her parental home saying that without bringing the same they will not keep her in the matrimonial home. She was also subjected to harassment because out of such wedlock, no issue was born. In such premises, after taking her all belongings before 8-9 months from the date of filing the application, she was ousted from her matrimonial home and thereafter no efforts were made by the applicant to bring her back from the parental family where she is residing under compulsion. She did not have any means for her livelihood while the applicant being agriculturist have 20 acres of irrigated land along with a tractor, is earning near about two lacs per annum. Besides this, he is also earning Rs.20,000/- per annum from the tractor. With these averments, the application is filed with a prayer to direct the applicant to pay her Rs.3000/- per month.

(3.) In reply of the applicant, by denying the averments of the aforesaid application, in addition it is stated that nothing was demanded by the applicant or his family members from the respondent. No harassment or cruelty was committed by any of the member of the applicant's family with the respondent. The applicant is having only 3-4 acres of agricultural land and, in such premises, he is not in a position to pay sum of the maintenance to the respondent. However, he is ready and willing to keep the respondent with him and afford all her expenses. With these averments prayer for dismissal of the application is made.