HARIMANGAL @ HARI SINGH Vs. PHOOL KUNWAR

JUDGEMENT

(1.) APPLICANT /husband has preferred this revision against the order dated 18 -11 -2003, passed by First Additional Sessions Judge, Sidhi in Criminal Revision No. 131/03, whereby the revision of the non -applicant was allowed and the order 16 -7 -2003 passed by Judicial Magistrate, First Class, Waidhen, in Misc. Cr. Case No. 43/01 by which the application of the non -applicant under section 125, Criminal Procedure Code was dismissed, has been set aside hence, this revision.

(2.) THE factual matrix of the case are that non -applicant has initiated an application under section 125, Criminal Procedure Code in which it was pleaded that she was married with applicant before 34 -35 years ago as per rite and ritual of Hindu community. The Gauna ceremony was performed after eight years from the above said marriage. At the initial stage, applicant had cordial and peaceful life with her and during this period, three daughters and one son were begotten from this wedlock. But, after ten years, from the aforesaid period when she has younger daughter about two years old, at that point of time, without any sufficient cause, she was subjected to have been beaten by husband/applicant and ousted from his house along with children. Subsequently, she was not looked after by applicant and under these circumstances she had no choice but to reside with her parents and by showing sufficient means with the applicant said application was filed with a prayer for maintenance amount at the rate of Rs. 3,000/ - per month.

(3.) IN view of the aforesaid pleadings parties led their evidence and on appreciation of the same learned trial Court has dismissed the application. But, on revision the same was allowed and the direction for maintenance was passed.