SURESH BHARDWAJ Vs. VANDANA

JUDGEMENT

(1.) THIS Criminal Revision u/s 397 read with Section 401 Code of Criminal Procedure, 1973 (hereinafter referred to for short, " Cr. P. C".) preferred by the applicant/husband, being aggrieved from the order dated 17.3.2011, passed in Cri. Revision No. 182/2010 by learned Sessions Judge, Chhindwara arising out of judgment/order dated 17.9.2010 of learned J.M.F.C. Chhindwara in Cri.Case No.76/08, by which application u/s 125 Cr.P.C. filed by respondent was rejected by JMFC and allowed by learned Sessions Judge hence this revision has been preferred in order to quash the order of learned Sessions Judge by which maintenance of Rs. 1,000/- per month has been awarded to respondent from applicant.

(2.) IN nutshell case is that respondent Smt. Vandana filed an application u/s 125 Cr.P.C for getting maintenance alleging that she is legally wedded wife of applicant and their marriage was solemnized on 8.3.1995 at village Guraya, Tahsil Chourai, District Chhindwara. After marriage she started living with applicant at village Chikni district Itawa U.P. But applicant used to demand dowry and used to beat her. Somehow she lived with applicant for a period of six years and was thereafter she was illtreated and was forced to leave the house of applicant. She came to reside her parent at village Guraya, Tahsil Chourai, District Chhindwara. When she has no separate income and applicant has 40 acres of irrigated landat village Chikni district Itawa U.P., instead he is neglecting respondent for her maintenance so she filed an application u/s 125 Cr.P.C.

(3.) LEARNED counsel for applicant has submitted that learned Sessions Court has erred in marshalling and appreciating the evidence of both the sides. It has been further vehemently argued that as per admission of respondent Smt. Vandana, it is very much clear that she never lodged any report against demand of dowry or against ill-treatment and her ground for separate residing is that applicant's unmarried brothers are there and she has danger that if she goes to live with applicant all brothers of applicant will make her their wife but this ground was not made in the application and more over she has admitted that she asked applicant to live with her at Chhindwara as there was nobody to look-after the parents of wife but he refused.