SUNITABAI Vs. LALU

JUDGEMENT

(1.) THIS revision has been filed by the applicants against the order dated 9. 9. 2003 passed by learned Chief Judicial Magistrate, Barwani in Misc. Criminal Case No. 10/2000 Whereby dismissed the application of the applicants for grant of maintenance under Section 125 of the Cr. P. C.

(2.) THE case of the applicants before the Court below was that applicant No. 1 Sunitabai was married with the non-applicant Lalu according to Hindu custom and performed necessary rituals and "saptapadi" process was adopted. Out of their wedlock, two daughters, the applicant No. 2, Ku. Komal and No. 3 Ku. Pooja had born. After birth of second daughter, the non-applicant started ill-treatment by making false allegation and also turned her out from the house. On intervention by the neighbourers, the applicant wife was kept by the non-applicant and she lived with him for one and a half years but again two months prior to the date of filing of application, she was turned out. The non-applicant did not allow the applicant No. 1 to take applicant No. 3 Ku. Pooja with her and she had gone to the parents' house with applicant No. 2 daughter Ku. Komal. She has also alleged that on some papers, by use of pressure the non-applicant got her signatures. She sent notice dated 19. 1. 2000 reply of which was given by the non-applicant, thereafter again she has given notice and the same was also replied. The applicants in total demanded Rs. 2,000/- as maintenance.

(3.) THE non-applicant has submitted his reply and according to him she was not his legally married wife. She was actually married with Kailash S/o Gopalji and obtained divorce according to custom prevalent in their caste. She had obtained cash amount from her husband Kailash in front of the Panchas. After divorce she lodged a false report against her husband Kailash and father-in-law and after taking money, entered into compromise. The applicant No. 1 has suppressed the true fact in her application and wrongly mentioned that they were married according to Hindu religion. She has left his house on 2. 1. 2000 voluntarily and she was always misbehaving with the non-applicant. She had gone along with her all ornament, clothes and cash amount. She was not performing the duties of a wife. On 2. 1. 2000 in front of the Panchas of the community she had given divorce to the non-applicant after obtaining Rs. 21,000/ -. It was also alleged by the non-applicant that applicant No. 1 Sunitabai tried to administer some poisonous substance to him through one Ramesh.