RATNA Vs. DURGA PRASAD

JUDGEMENT

(1.) PETITIONER/wife has filed this revision against the order dated 17-2-2004 passed in Criminal Case No. 115 of 2003 by the Additional Sessions Judge, Khurai, District - Sagar, whereby the order dated 3-7-2003 passed by Judicial Magistrate First Class, Bina in M. J. C. No. 86 of 2001 was modified by reducing the quantum of maintenance awarded to her.

(2.) IN short, the case of petitioner is that she was married to respondent on 8-2-1992. After the marriage she went to her husband's house 3-4 times and duly performed her responsibilities, but he started treating her with cruelty and harassing her by not providing food and clothes and making demand of refrigerator, vehicle and five lacs rupees. Ultimately, she was compelled to leave the house in the year 1998. Since then she was living at her mother's house. She had no sufficient source of income. According to her, the respondent was working as Office Superintendent in the Railway Training School, Bhusawal, and was earning about Rs. 8-10 thousand per month and was also running a dairy having 60 she-buffaloes. On the aforesaid grounds, the petitioner moved an application for maintenance claiming Rs. 5,000/- per month from the respondent.

(3.) IN reply, the respondent (husband) pleaded that after the marriage petitioner lived with him only on 3-4 occasions. Initially, her behaviour was good but after some time she started misbehaving and pressurizing him for seeking transfer to Bina. On his not yielding to her demand she got annoyed and started misbehaving with him and other family members and ultimately left his house taking away all the ornaments etc. to Bina. Despite repeated efforts, petitioner did not come back to his house and tiled application demanding maintenance. According to him, petitioner is an educated woman. She earns Rs. 2,000/- per month from tuitions and owns about 12 acres of irrigated land. She has also a big house at Bina, whereas he is a clerk in the railway department and is getting only Rs. 3,472/- per month after all deductions. He has also to look after his big family.