SHASHI YADAV Vs. SACHIN YADAV

JUDGEMENT

(1.) The applicant has challenged the order dated 11.12.2012 passed by the learned 3rd Additional Sessions Judge, Seoni in Criminal Revision No. 162/11, whereby the maintenance order passed by the learned JMFC Seoni in MJC No. 138/2010on 25.11.2011 was set aside.

(2.) Facts of the case, in short are that, the applicant was married with the respondent on 12.5.2009. On 29.9.2009 she was sent to the house of her mother. It is alleged that she was being tortured for dowry demand and therefore, her mother and brother were called at Lakhnadaun and thereafter, they took the applicant to Seoni for her treatment. When the respondent did not take the applicant back to his house, the applicant had moved an application under section 125 of CrPC before the trial Court after giving a legal notice. Thereafter, the respondent had moved an application under section 9 of the Hindu Marriage Act. The learned JMFC after considering the evidence adduced by both the parties, granted a maintenance Rs. 1,000/ - per month to the applicant but in the revision, the revisionary Court set aside that order.

(3.) Under such circumstances, the applicant failed to prove any reason therefore, she could not get any maintenance by not living with her husband. The revisionary Court has rightly dismissed the application under section 125 of CrPC filed by the applicant. There is no illegality or perversity visible in the impugned order passed by the learned 3rd Additional Sessions Judge, Seoni. There is no basis by which any interference can be done in the impugned order passed by the learned 3rd Additional Sessions Judge, Seoni.