PRAKASH SINGH Vs. KALA BAI

JUDGEMENT

(1.) FEELING aggrieved by the order dated 20.1.2004 passed by Second Additional Sessions Judge, Raisen in Criminal Revision No. 6/04, applicant/husband has preferred this revision.

(2.) BY the impugned order revision filed by the non -applicant before Sessions Court, Raisen against the order dated 7.3.2002 passed by JMFC Raisen in Criminal MJC No. 42/02 dismissing her application under section 125 of CrPC, has been allowed and the applicant has been directed to pay a sum of Rs. 700/ - per month us muintenance allowance under section 125 of CrPC to the non -applicant.

(3.) THE application for grant of maintenance was opposed by the applicant. In the written reply filed by him, though it was not disputed that non -applicant was married to him, it was alleged that the non - applicant did not want to live with the applicant and her father was asking for an amount of Rs. 50,000/ - for sending her to the applicant, which constrained him to move for issue of search warrant by the SDM Vidisha for calling her back. Non -applicant on coming back to the applicant after issue of search warrant, again left her matrimonial home and refused to live with the applicant. Consequently, the applicant had to file suit for divorce against the non -applicant and after decree of divorce, applicant had performed a second marriage. According to applicant, non - applicant was herself earning Rs. 1,000/ - per month by doing sewing work, while the applicant had no sufficient means and also had a family to maintain. The application for maintenance was filed by the non - applicant with a view to harass the applicant, which was liable to be dismissed.