LEELA BAI Vs. GANPATI

JUDGEMENT

(1.) The applicant has preferred the present revision being aggrieved with the order dated 31-3-2008 passed by the Additional Sessions Judge, Multai in Criminal Revision No. 78 of 2007 whereby the order dated 5-5-2007 passed by the JMFC, Multai in MJC No. 49/2003 was set aside in which a maintenance of Rs. 1,000/- per month was granted to the applicant. The facts of the case in short are that, the marriage of the parties took place on 5-5-1983 and after some time, the applicant was ousted from the house of the respondent No. 1. A compromise took place between the parties and again the applicant resided with the respondent No. 1 up to 1996. In the year 1997, the applicant was again sent to the house of her parents. The applicant has filed an application under Section 125 of the Cr.P.C., on the basis of these facts and with a pleading that the respondent No. 1 kept one Munni as a wife in his house, and therefore, the applicant was entitled to get maintenance from him without residing with him. The salary and income of the respondent was pleaded and a maintenance of Rs. 2,000/- per month was demanded in the application.

(2.) The respondent No. 1 in his reply has submitted that in various proceedings compromise took place between the parties. On 3-11-1996, a compromise took place in MJC No. 161/1991 that the applicant received a sum of Rs. 18,000/- as a lump-sum maintenance and her maintenance application was disposed off in Lok Adalat, therefore, now she was not entitled for any maintenance. It is also pleaded that a decree of divorce has already been passed in favour of the respondent No. 1.

(3.) After considering the evidence adduced by the parties, the Trial Court granted a maintenance of Rs. 1,000/- per month to the applicant whereas, the Revisionary Court set aside the order passed by the Trial Court.