AJAYPL SINGH YADAV Vs. RANI YADAV

JUDGEMENT

(1.) WITH the consent of both the parties, the matter is finally heard.

(2.) THIS petition has been preferred by the petitioner invoking extra ordinary jurisdiction of this Court under section 482 of Code of Criminal Procedure for setting side the order dated 11.12.2008 passed by ASJ (Special Judge), Guna in Cr.Revision No.325 of 2008 confirming the order dated 1.11.2008 passed by JMFC, Guna in Cr.Case No.36 of 2006 whereby, allowing the application under section 125 of Cr.P.C, the petitioner was directed to pay Rs.2000/ - per month as maintenance to the respondent from 26.7.2006.

(3.) THE facts in nut -shell giving rise to this petition are that respondent -wife filed one application for maintenance in the Court of JMFC, Guna under section 125 of Cr.P.C stating that soon after her marriage, petitioner -husband and his family members demanded dowry and also started harassing her. They also beat her up and threw her out of the house and since then, she has been residing separately from her husband. She even made several efforts to live with her husband, but the husband/petitioner and his family refused to keep the respondent/wife. She was having no means to maintain herself and on the other hand, the petitioner was having 100 Bigha irrigated agricultural land and tractor trolley and other machinery out of which, he earns Rs.6 to 7 lacs per year, hence, the petitioner be directed to pay Rs.5000/ - per month as maintenance.