AASHIQ KHAN Vs. ANISABAI

JUDGEMENT

(1.) This criminal revision is directed against the order passed by the learned Additional Sessions Judge, Kannod, District Dewas in Criminal Revision No. 129/2011, dated 15-6-2012, which was in turn directed against the order passed by the learned Judicial Magistrate, First Class, Khategaon, District Dewas in M.Cr.C. No. 39/2010, dated 27-7-2011 by which the learned Magistrate dismissed the application filed by the respondent-Anisabai @ Annabee under Section 125, Cr.P.C. claiming maintenance from her husband/present applicant. The Revisional Court allowed the revision and set aside the order passed by the learned Magistrate and awarded monthly maintenance of Rs. 2,000/- from the date of order, i.e., 15-6-2012. Being aggrieved by this order, the present revision is filed on the grounds that the Revisional Court erred in appreciating the evidence produced by the respondent. The Revisional Court misled and mis-appreciated the matter and the order is bad in law. On such grounds, the present applicant prays that the order of the Revisional Court, dated 15-6-2012 be set aside.

(2.) It is undisputed that respondent was married to the present applicant five years prior to her filing the application under Section 125, Cr.P.C. before the Magistrate according to Muslims Customs. The respondent's case before the learned Magistrate was that after marriage, the present applicant and his family members including his parents Kayum Khan, Mariumbee and maternal uncle Gaffar Khan was started ill-treating her and committing cruelty on her with a view to obtaining more dowry from her family. They demanded Rs. 50,000/- from the family of the respondent. She also lodged a complaint in Police Station, Satwas, District Dewas, which was registered as Crime No. 69/2010 under Sections498-A, 323 and 506/34 of I.P.C.

(3.) The case of the present applicant before the learned Magistrate was that they never committed any cruelty and never ill-treated the respondent. According to the present applicant immediately after marriage, the respondent expressed that she did not like the present applicant and did not want to live with him'. The applicant is even today ready and prepared to keep her with him, however, she refuses to live with him.