RADHABAI Vs. RAJARAM

JUDGEMENT

(1.) THIS revision petition has been directed against the judgment dated 9. 7. 1990 passed by Sessions Judge, Raisen in Criminal Revision No. 27/89, by virtue of which the order of payment of maintenance allowance at the rate of Rs. 150/- to the daughter of the present petitioner has been set aside and the revision petition filed against the said order passed by the Judicial Magistrate, First Class has been allowed.

(2.) FACTS of the case are that it was not disputed that Radhabai was duly married with Rajaram, according to Hindu Rites about 8 years prior to the filing of the petition dated 20. 1. 1986 for payment of maintenance allowance to her and to her daughter aged about 15 months.

(3.) CONTENTION of petitioner Radhabai was that her husband Rajaram subjected her to cruelty and ousted her about two years prior to the date of filing of the petition. When she was residing in the house of her maternal uncle, she gave birth to a child (daughter ). On some intervention being made by the relatives of both the parties, the non-applicant agreed to keep the petitioner with him and he further executed one agreement that in case, he would ill-treat the petitioner, he would give her six acres of land for her maintenance. Inspite of execution of the said agreement, he did not bring Radhabai and his daughter to his house and they were still residing in the house of her maternal uncle. She also stated that she was unable to maintain herself and that Rajaram had sufficient means to maintain his wife/petitioner. Inspite of it he was refusing or neglecting to maintain her and her daughter.