LAWS(MPH)-2013-12-188

SURAJ LAL PANIKA Vs. MANMATI PANIKA

Decided On December 12, 2013
Suraj Lal Panika Appellant
V/S
Manmati Panika Respondents

JUDGEMENT

(1.) By this criminal revision, the applicant has challenged the order dated 13.10.2004 passed by the 4th Additional Sessions Judge, Sidhi in Criminal Revision No.175/2004 whereby the order dated 2.7.2004 passed by the learned JMFC Baidhan in MJC No.27/2003 was reversed and the maintenance of Rs.400/- per month was granted to the respondent.

(2.) The brief facts of the case are that the respondent had moved an application under Section 125 of Cr.P.C. on the ground that her marriage took place 14-15 years prior to filing of the application. There was no dispute in first 12 years but she was not blessed with a child, and therefore the applicant was bent upon to oust her from the house. He harassed her for demand of dowry and acted in a cruel manner and ultimately she was ousted. Under such circumstances, she claimed a maintenance of Rs.3,000/- per month.

(3.) In reply the applicant had denied all the allegations made by the respondent. It was mentioned that she was not coming to the house of the applicant and she was living in an adulterous life. The applicant being a poor person and was not capable to maintain his wife at another place. However, she was not residing with him, and therefore it was prayed that the maintenance application filed by the respondent be dismissed.