GUDDU Vs. JUMMABAI

JUDGEMENT

(1.) Present petition is directed against the order dated 03.01.2014 passed by Sessions Judge, Neemuch in Criminal Revision No.14/2013 by which order of Magistrate regarding grant of maintenance was modified and petitioner was directed to pay maintenance of Rs.2,500/ - per month to each of the respondents meaning thereby directed for payment of Rs.5,000/ - per month in all.

(2.) On 25.08.2009 respondent Jummabai filed an application under section 125 Cr.P.C in the Court of J.M.F.C, Neemuch containing allegations that 15 years prior to the filing of application, her marriage took place with the petitioner. The couple was blessed with a son. Thereafter, husband made a quarrel with wife and subjected her to some assaults. In February, 2009 husband and his family members expelled the wife from matrimonial house. Later on she was taken back to matrimonial house and on 10.08.2009 husband again subjected the wife to ill -treatment and assault. In response, in the trial Court petitioner/husband submitted that wife is basically a greedy and arrogant person who made an attempt on the life of her own brother in greed of parental property and was confined to jail also. Wife is able to maintain herself out of her agricultural land in parental house.

(3.) Trial Court has appreciated the evidence of Jummabai, wife (PW/1) and Leelabai, her sister (PW/2) and also appreciated the evidence of the petitioner (DW/1) and vide order dated 02.01.2013 directed for payment of Rs.1,200/ - per month as maintenance to child alone. The aforesaid order of the Magistrate was assailed by both the parties in revision and the revisional Court has directed for maintenance as above.