SHIVNARAYAN Vs. GANGABAI

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, against the order dated 30.05.2012 passed by 2nd ASJ, Shajapur in Criminal Revision No.257/11 by which affirmed the order dated 14.10.2011 passed by ACJM, Shajapur in MJC No.59/09.

(2.) Brief facts of this case are that the respondent wife has filed an application under Section 125 of Code of Criminal Procedure against the Petitionerhusband claiming the maintenance on the ground that their marriage was solemnized way back in the year 1951 as per the Hindu rites. She lived with the Petitioner for about five years. During that period she was subjected to cruelty and the Petitioner husband used to beat her and he expressed that he did not like her. Ultimately the respondent wife was turned out from her matrimonial home and she started living with her father. Thereafter for almost forty years she lived separately. Now she became old and unable to maintain herself whereas the Petitioner has agriculture income of Rs.5.00 lakh per year. The Petitioner has contracted the second marriage and in such circumstances, the Petitionerhusband be directed to pay her the maintenance @ Rs.3000/ per month.

(3.) The Petitioner husband resisted the application mainly on the ground that their marriage was void as at the time of their marriage they were minor. They never lived as husband and wife. The Petitioner husband is now aged about 72 years and he has no income. He himself is dependent upon his sons whereas the respondent wife has inherited the agricultural land from her father but she intentionally relinquished her rights in favour of her brother's son with a view to claim maintenance. In such circumstances, the respondent is not entitled for any maintenance from the Petitionerhusband.