KANTI BAI Vs. RAM NARESH YADAV

JUDGEMENT

(1.) PASSED on 20th day of November, 2014) Vide order dated 1.10.1996, the JMFC Umariya, District Shahdol passed in MJC No.42/1996 granted the maintenance of Rs.300/ - each to the applicants per month. In Criminal Revision No.201/1997, the Additional Sessions Judge Umariya, District Shahdol vide order dated 23.5.1998 confirmed the maintenance of the applicant no.2 but dismissed the order of the trial Court relating to the applicant no.1 and also dismissed her application under Section 125 of the Cr.P.C. Being aggrieved with the order passed by the revisionary Court, the applicants have preferred the present revision.

(2.) FACTS of the case in short are that the marriage of the applicant no.1 took place with the respondent 6 -7 years 2 Criminal Revision No.814/1998 prior to the date of application under Section 125 of the Cr.P.C. One girl child was also born to the applicant no.1 and her husband. On 26.8.1996, the applicants preferred an application under Section 125 of the Cr.P.C. that the respondent ousted her alongwith her girl child from his house after beating her and he demanded some dowry from the applicant no.1 and thereafter, he assaulted her. FIR was lodged by the applicant no.1, which was registered at serial no.54/1995 and a case under Section 498 -A of the IPC was initiated against the respondent. The applicant no.1 has pleaded that she was unable to maintain herself and therefore, after pleading the income of respondent, she claimed a maintenance of Rs.1500/ - for the applicants.

(3.) THE respondent in his replied denied the allegations made by the applicant no.1. It was pleaded that the applicant no.1 herself left the respondent's house and no harassment was caused by the respondent. The respondent denied about his property and income therefore, he prayed to dismiss the maintenance application.