SMT.SUKHWATI BAI Vs. MANPHOOL NARWARIYA

JUDGEMENT

(1.) That, vide order dated 14.2.2012 the JMFC, Hoshangabad in M.J.C No.226 of 2010 granted a maintenance of Rs.6000/ - per month to the applicant from the date of order. In Criminal Revision No.28 of 2012 the Sessions Judge, Hoshangabad vide order dated 22.5.2012 reversed the order passed by the JMFC and dismissed the application under Section 125 of the Cr.P.C filed by the applicant. Being aggrieved with the order passed by the Sessions Judge the applicant has preferred the present petition under Section 482 of the Cr.P.C.

(2.) Facts of the case in short are that the applicant had preferred an application under Section 125 of the Cr.P.C before the trial Court that marriage of the applicant and respondent took place on 17.11.1995. The respondent after consuming liquor was habitually doing cruelty upon the applicant. Ultimately on 3.11.2010, he ousted the applicant from his house and she was forced to leave her clothes and ornaments at the house of the respondent and thereafter she resided with her younger sister. She pleaded about the source of income of the respondent and claimed a sum of Rs.10,000/ - per month as maintenance.

(3.) The respondent in his reply accepted the marriage but, denied that it was done according to the rituals of Hindu law. Only an affidavit was executed and therefore, marriage was not solemnized validly. The applicant was already married with one Gopal and it was informed to the respondent that a divorce of the applicant took place with her husband and after some time husband of the applicant had already expired but, after two years of marriage with the respondent, the respondent was informed that the previous husband of the applicant was alive. Since the applicant was not blessed with a child and therefore, she was quarreling with the respondent and ultimately she left the house of the respondent. He denied about his income and therefore, it was prayed that the application under section 125 of the Cr.P.C be dismissed.