SEEMUPADHYAYA Vs. AJAY UPADHYAYA

JUDGEMENT

(1.) THIS petition is filed under section 482 CrPC challenging order dated 29.6.002 passed by 9th Additional Sessions Judge, Gwalior in criminal revision No. 285/ol which was preferred by the petitioner -applicant challenging order dated 1.8.2001 passed in MJC Case No. 13/00 whereby the Judicial Magistrate Class I rejected the application filed by the present petitioner for grant of maintenance under section 125 CrPC.

(2.) AS per the case of the present applicant, the applicant and respondent married with each other in the year 1995. At the time of marriage, father of the applicant has given ornaments and jewellery and other articles worth Rs. 1,40,000/ - as dowry to the respondent. Thereafter, the family members of the respondent started harassing the applicant for the dowry. On 11.12.1997 she was driven out of the house by the respondent and his family members. A report in this regard was lodged with the police. Thereafter, she again returned back to her husband's house but the behaviour of the husband and his family members was not improved and ultimately on 12.12.1999 she permanently left her husband's house.

(3.) RESPONDENT filed his reply in which he has admitted that the present applicant is his wife. According to him, the wife has left his house after quarrelling with him and inspite of his best efforts she did not return to his home. According to him, he is tuberculosis patient and is unemployed., He is ready to maintain his wife. He further submitted that the applicant has income of Rs. 5,000/ - per month from tuitions.