REKHA BAI Vs. KAMLESH RAJAK

JUDGEMENT

(1.) It is seen from the record that the respondent has refused acceptance of notice. Challenging the order dated 18.5.2011, passed by the Sessions Court, Jabalpur, in Criminal Appeal No. 143/2011, rejecting an application for maintenance filed by the petitioner/wife and setting aside the grant of maintenance made by the Gram Nyayalaya Patan, District Jabalpur in Misc. Cr. Case No. 50/2009, this writ petition has been filed.

(2.) Petitioner Smt. Rekha Bai claims to have been married with the respondent on 6.5.2006, in village Rethra. Tehsil Patan, District Jabalpur as per Hindu rites and customs. It is said that after her marriage, the family of the respondent started harassing her by making demand for dowry, she was tortured mentally and a demand of Rs. 15,000 and motorcycle was made. She was threatened on the ground that she has brought less dowry, she became pregnant and it is said that she was kicked by her husband, as a result she underwent abortion.

(3.) Contending that in view of the above circumstances created by the respondent and his family members, the petitioner left her in-laws house and is now staying with her parents. An application was filed seeking maintenance of Rs. 5000 per month mainly on the ground that the respondent is an Auto Driver and he is earning Rs. 10,000 per month, his father is also a Doctor and earning Rs. 20,000-25,000 per month, they have 20 acres of land, therefore, the aforesaid maintenance be granted. The application was filed before the Gram Nyayalaya Patan, District Jabalpur and the learned Presiding Officer of the Gram Nyayalaya Patan, allowed the claim vide his order dated 21.4.2010 (Annexure P-1).