RENU Vs. HIRALAL ALIAS HARISH

JUDGEMENT

(1.) This revision has been preferred against the order dated 6-11-2001 passed by IX Addl. Sessions Judge, Indore in Cri. Revision No. 498/2001 thereby setting aside the order of grant of interim maintenance passed in Misc. Cri. Case No. 39/2000 on 12-7-2001 by the Judicial Magistrate, First Class, Indore Shri N. C. Godha.

(2.) Necessary facts for disposal of this revision are that the applicant-wife had filed an application under S. 125 of the Code of Criminal Procedure for grant of maintenance alleging that after the marriage, she was illtreated for demand of dowry and the Non-applicant-husband deserted her without any valid reason. The applicant-wife is compelled to live with her mother. She has no source of income to maintain her whereas the Non-applicant-husband Heeralal is a businessman having a Kirana-store and is also doing the work of Commission Agent. She has demanded Rs. 3,000/- per month as maintenance and filed a separate application for interim maintenance. According to the applicant-wife, the Non-applicant-husband earns Rs. 10,000/- per month. The application was supported by affidavit.

(3.) The Non-applicant, in reply, submitted before the trial Court that the applicant Renu of her own voluntarily residing separately. He wants to keep, and live with, her for which, he had filed a suit for restitution of Conjugal Rights which was decreed ex parte in favour of the Non-applicant-husband, but the applicant-wife is not complying with the judgment and decree of Restitution of Conjugal Rights. He has also submitted that the applicant-wife is earning fifty to one hundred rupees a day by doing tailoring work and she is able to maintain herself whereas he is doing service and getting total emoluments of Rs. 1,000/- per month. He has no additional source of income. Alongwith the reply, he submitted affidavit and also the documents and decree regarding Restitution of Conjugal Rights.