MANOHAR Vs. KUWAR BAI

JUDGEMENT

(1.) VIDE order dated 11.6.2010 passed by the learned Nyayadhikari, Gram Nyayalay, Khandwa in Miscellaneous Case No. 46/2010 the respondent was granted a maintenance of Rs. 1000/ - per month. In Criminal Revision No. 80 of 2010 the learned IIIrd Additional Sessions Judge, Khandwa vide the judgment dated 30.9.2010 dismissed the revision of the applicant but, the Criminal Revision No. 100 of 2010 filed by the respondent was accepted and maintenance was increased to a sum of Rs. 2,500/ - per month. Being aggrieved with the aforesaid judgments, the applicant has preferred the present petition. The facts of the case in short are that, the respondent had moved an application under Section 125 of the Cr.P.C., that she was married with the applicant. Thereafter, without her consent the respondent brought a second wife and at present he has three daughters and one son from the second wife. One daughter was born to the respondent and the applicant kept a fixed deposit of Rs. 50,000/ - for her in Maharashtra Bank but thereafter, he encashed that fixed deposit receipt without any permission of the respondent. The respondent was getting her livelihood by the job of labourer but, at present she was not competent to do anything and therefore, she prayed for maintenance of Rs. 3000/ - per month from the husband.

(2.) IN reply to the application, the applicant denied all the allegations. He took a plea that he took a divorce according to the customs of his caste and she was living in an immoral life. She made some allegations about the respondent that she had relations with so many persons and therefore, she could not get any maintenance because she left the applicant 25 years back before filing the application under Section 125 of the Cr.P.C.

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