RAMDAYAL VAISHYA Vs. ANITA KUMARI

JUDGEMENT

(1.) Heard Shri M. M. Jaiswal, learned counsel for the applicant on the question of admission. Perused record.

(2.) This revision Is at the instance of the applicant-husband against the order dated 2-12-2002 passed by the First Additional District Judge, Sidhi in Criminal Revision No. 122/02 whereby the revision filed by the non-applicant has been allowed and the order passed on 8-8-2002 by the Judicial Magistrate First Class, Vaidhan District Sidhi in Misc. Criminal Case No. 38/2000 has been set aside.

(3.) The brief facts necessary for the disposal of this revision-petition may be mentioned as under : The non-applicant-Anita Kumari filed an application under S. 125 of the Criminal Procedure Code, 1973, claiming maintenance from the applicant-husband-Ramdayal amounting to Rs. 2500/- per month. As per the averments made by her in the application, after her marriage her husband Ramdayal, his mother and father used to ill-treat her for their demand for dowry. About two years prior to the filing of the application they ousted her from her matrimonial house. She was compelled to live with her disabled father. Ramdayal had married to other woman who is daughter of Lalji Vaishya. Anita Kumari also stated that she is unable to maintain herself. Ramdayal has got enough resources and is earning sufficient amount, still he has neglected and refused to maintain her. In reply Ramdayal denied the allegations about cruelty, illtreatment and demand of dowry and has alleged that Anita Kumar has left his house at her own. Ramdayal admitted that he kept a mistress, he explained that this was done because he was facing difficulties in living and supervising his agricultural land.