SMT. SHASHI PRABHA Vs. SHYAMLAL KUSHWAHA

JUDGEMENT

(1.) THE applicant has preferred the present revision being aggrieved with the order dated 8.5.2013 passed by the First Additional Principal Judge, Family Court, Jabalpur in MJC No. 44 of 2012 whereby the application under Section 125 of the Cr.P.C. filed by the applicant was dismissed. Facts of the case in short is that the applicant has preferred an application under Section 125 of the Cr.P.C. against the respondent, with the pretext that her marriage took place on 13.5.2005 with the respondent and after 5 -6 years of marriage, since no child was born the behavior of the respondent as well as the family members became harsh with the applicant and therefore, they were torturing the applicant. In the month of October, 2011 she was sent back to house of her father. Actually, she was assaulted by the respondent and his family members and she was ousted. In the entire night, she remained in the backyard of the house and on the next day in the morning she called her brother Shivnandan, who took her to his house. The applicant has pleaded that the respondent was in service at Delhi and earning a sum of Rs. 11,000/ - per month and also he has some agricultural land, by which he was getting an income of Rs. 50,000/ - per annum. Also the respondent constructed a house at Village Ghosiyari (Police Station Gurh, District Rewa) and therefore, she claimed for maintenance of Rs. 5000/ -.

(2.) THE respondent in reply denied all the allegations. He has pleaded that he was working at Delhi. He was doing the job of labourer and therefore, he was earning Rs. 50 -60/ - per day. On the contrary, she was residing with her brother and by work of stitching, she was earning a sum of Rs. 8000 -9000/ - per month. Specifically, it was pleaded by the respondent that the applicant was interested to live in the township of Jabalpur, especially with her sister and therefore, she was in habit to threaten the respondent that, if he does not go and reside with her at Jabalpur then she would commit suicide. In the year 2010, the respondent went to Jabalpur along with the applicant and resided in a rented house at Ranital, Jabalpur but, it was habit of the applicant to visit the house of her brother -in -law and when the respondent came back to his house, he found that the house was locked and no arrangement for his dinner etc. was made by the applicant. Ultimately, after residing for 4 -6 months at Jabalpur, the respondent took the applicant back to his village but, the applicant went to the house of her father, after taking all her ornaments.

(3.) I have heard the learned counsel for the applicant on admission.