MAHENDRA Vs. SUNITA

JUDGEMENT

(1.) This revision under Sec. 397, 401 of Crimial P.C. has been filed against the order dated 10.06.2016 passed by First Additional Sessions Judge, Bhind in Criminal Revision No.19/2014 by which the Revisional Court has set-aside the order dated 11.12.2013 passed by JMFC, Mehgaon, District Bhind in M.Cr.C. No.14/2008.

(2.) The necessary facts for the disposal of the present revision in short are that the respondent filed an application under Sec. 125 of Crimial P.C. for grant of maintenance at the rate of Rs.3,000.00 per month. It was the case of the respondent that she got married to the applicant on 206.2004. Immediately after the marriage, the applicant started harassing and treated her with cruelty on the ground of demand of dowry. It was further alleged that because of the harassment, the respondent is residing separately with her father and she is unable to maintain herself. The father of the applicant has 13 bigha of agricultural land and the applicant is an Electric Mechanic. She had lodged a FIR for offence under Sec. 498-A of Penal Code against the applicant.

(3.) The applicant filed his reply and denied the allegations of demand of dowry. It was further stated that the respondent is residing separately without any reasonable reason. The respondent is a handicapped and unemployed person having no source of income. A false case for offence punishable under Sec. 498-A of Penal Code has been lodged by the respondent. The respondent is residing with her brother-in-law Charan Singh as his wife and since she is living an adulterous life, therefore, she is not entitled for maintenance.