SMITA BISWAS Vs. VISHWAJEET BISWAS

JUDGEMENT

(1.) The applicant has challenged the order dated 13.5.2011 passed by the learned Additional Sessions Judge Pipariya, District Hoshangabad in criminal case no.33/11, whereby the maintenance amount of the applicant was reduced from the sum of Rs. 7,000/- to the sum of Rs. 5,000/-.

(2.) The Prosecution's case, in short is that, the parties were married in the month of April, 2008. The applicant was harassed by the respondent and other family members therefore, she was bound to leave the house of the applicant. She has moved an application under Section 125 of Cr.P.C. before the trial Court with the pretext that she had a valid cause for leaving the house of the respondent because she was being harassed for demand of dowry. It was shown that the respondent was earning a sum of Rs. 27,000/- by way of salary and therefore, looking to the expenditure of the applicant, a sum of Rs. 10,000/- may be granted by way of the maintenance.

(3.) The respondent in his reply denied the allegations made by the applicant and it was pleaded that the applicant was a teacher and she was earning a sum of Rs. 3,000/- per month. She was also earning a sum of Rs. 8,000/- per month by tuition as well as by doing embroidery. It was also pleaded that the respondent has much liability of his family. He has parents, unmarried sister and unemployed brother with him. Under such circumstances, it is prayed that the application may be dismissed.