SHRIMATI NISHA Vs. NAVAL KISHORE

JUDGEMENT

(1.) ARGUMENTS heard. This revision has been filed by the revisionist under sections 397/401 Cr.P.C. against the order dated 30th August, 2011 passed in Criminal Case No. 341/2010 by the Principal Judge, Family Court, Gwalior, whereby petition filed by the revisionist for grant of maintenance under section 125 Cr.P.C. has been rejected on the ground that the revisionist is living separately without any reason, hence, she is not entitled for any maintenance.

(2.) LEARNED counsel for the revisionist submits that maintenance under section 125 Cr.P.C. can be awarded to the wife even if she is living separately when there is sufficient reason for doing so. He has drawn attention of this Court to the fact that the revisionist has alleged that she was beaten by her husband in drunken condition and she was sent back to her parents house. The allegation of demand of dowry is also there.

(3.) FROM perusal of the record of the Family Court, it is clear that initially the revisionist has stated that she was married to the respondent four years back and for the last three years she is living in her parental house. She has alleged ill treatment by beating her, forcing her to get the house standing in the name of her father transferred in the name of her husband. However, in the cross examination, she has admitted that after the marriage she lived with her husband only for two days. Her father Balkishan (PW 2) has also admitted that the complainant had lived with her husband only for two days. There is no evidence that any effort was made by the revisionist to live with her husband.