SHEELCHANDRA YADAV Vs. SMT. RACHNA DEVI

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of the Cr.P.C.,being aggrieved by and dissatisfied with the order dated 11.11.2011 passed by the Sessions Judge, Tikamgarh in Criminal Revision No. 124/11, Sheelchandra Vs. Smt. Rachna Devi, whereby his revision under Section 397 of the Cr.P.C., is dismissed by him upholding the order dated 24.05.2011 passed by the Judicial Magistrate First Class, Tikamgarh (Ku. Sonal Chourasia) in M.Cr.C. No. 165/2008, ordering him to pay the monthly maintenance allowance to each of the respondents @ Rs. 800/ -.

(2.) The facts necessary for the disposal of this petition are given below: -

(3.) Upon the analysis of evidence adduced by the parties, the learned Sessions Judge while deciding the revision has held that respondent Shivani was born from the wedlock of the applicant and respondent Rachna, that she has been living separately from the applicant under compulsion to save herself from being subjected to dowry -related harassment and torture at the hands of the applicant and his family members, that respondent Rachna has no independent source of income, that her parents' income is not a ground to deny her maintenance allowance from the applicant, that the applicant earns Rs. 200/ - per day by doing manual works, therefore, he is capable to pay the maintenance allowance to the respondents. However, respondent Rachna could not prove the factum of second marriage by the applicant. Upon the aforesaid findings, the learned Sessions judge has upheld the order passed by the trial Court dismissing the revision filed by the applicant.