LESAR BAI Vs. NANDLAL

JUDGEMENT

(1.) The applicant has preferred the present application under Section 482 of Cr.P.C against the order dated 14.6.2013 passed by the learned First Additional Sessions Judge, District Balaghat in Criminal Revision No.170/2012 whereby the revision filed by the respondent was accepted against the order dated 9.11.2012 passed by the JMFC, Balaghat in Misc. Criminal Case No.119/2010 and the maintenance granted by the Lower Court was set aside.

(2.) Facts of the case in short are that the applicant had moved an application under Section 125 of the Cr.P.C. against the respondent that her marriage took place with the respondent in the year 1985. Three children were born in result of that marriage. The respondent was working in Bharveli mines and he went in affair with one Koushalya Bai and therefore, he started ignoring the applicant. A Panchayat took place between the parties and a maintenance of Rs.7000/- was granted by the Panchayat which was being paid by the respondent but from June 2010 he did not pay the maintenance whereas he was earning a sum of Rs.15,000/- per month from the mines and he was earning 20 quintals of paddy out of his half acre land and therefore, maintenance of Rs.4000/- was demanded.

(3.) In reply to the application the respondent denied all the allegations. It is specifically pleaded that the applicant was a quarrelsome woman who had suspicion upon the respondent and when he was visiting his house due to quarrel of the applicant he could not reside with peace. Also his sons were against him and therefore, he started living at village Bharveli, by taking a room. All the sons of the applicant are well to do persons. They had various lands in the village. The respondent gave three acres of land in name of the applicant and the applicant had possession on his half acre land. The applicant was earning more than her requirement. He denied his relations with Koushalya Bai and therefore, prayed that the application under Section 125 of Cr.P.C may be dismissed.