RAMAVTAR YADAV Vs. SONIYA YADAV

JUDGEMENT

(1.) THIS revision has been filed by the applicant against the order dated 19-11-2002 passed by the Family Court, Rewa in Case No. 35/2002.

(2.) THE applicant is the husband of the respondent. The respondent wife filed an application under Section 125 of the Code of Criminal Procedure before the Family Court, Rewa alleging therein that she is legally wedded wife of the applicant and out of wedlock is having four married daughters. It has been alleged that after conceiving four daughters the applicant has started harassing and ill-treating her as he wanted a son. The applicant soon after the death of his elder brother started living with his 'bhabhi' treating her to be his wife and ousted the respondent from the house. The respondent had further alleged in her application that she being old has become unable to maintain herself. The applicant husband is in service in Rewa University and is drawing rs. 5,000/- per month as salary and Rs. 10 to 12 thousand income from 5 acres of agricultural land of his own. He also earns from the sale of milk of Cow, buffalo and Goat and also by the Tractor owned by him. Thus though having sufficient means he is neglecting to maintain the respondent.

(3.) THE applicant husband resisted the application, submitted his reply and denied the allegations of ill treatment, he submitted that the respondent herself without any just and reasonable cause, is living separately. He has no enough means to maintain the respondent. He was and still ready to live with his wife.