SMT. RAMRATI BAI Vs. NANDILAL

JUDGEMENT

(1.) This petition has been filed under section 482 of CrPC, 1973 against the order dated 31.01.2006 passed by Additional Sessions Judge, Maihar, District Satna in Criminal Revision No. 36/2004 whereby he rejected applicant's revision affirming the order dated 14.01.2004 passed by Judicial Magistrate First Class, Maihar, District Satna in M.Cr.C.No. 21/1998 wherein he rejected applicant's application filed under section 125 of CrPC, 1973 for getting maintenance from non-applicant.

(2.) Brief facts of the case are that the applicant filed an application under section 125 of CrPC, 1973 before Judicial Magistrate First Class, Maihar, District Satna for getting maintenance from non-applicant/husband averring that her marriage was solemnized with the non-applicant before five years of filing the application i.e.08/06/98. Thereafter, she lived with the non-applicant but sometime later in the year 1993 her father met with an accident and died and the Motor Accident Claims Tribunal passed an award in favour of the applicant's mother and brother regarding death of her father. After seeing the award money non-applicant became greedy and started demanding motorcycle and Rs. 40,000/- cash and other items as a dowry and also threatened her family members that he would desert the applicant if they did not will not fulfill his demands. Thereafter, non-applicant started harassing the applicant and also used to assault her and he also sent a message to the applicant's family to take the applicant back to maternal house for festival. On that, applicant's mother took her to her house. Thereafter, non-applicant refused to take back the applicant to her matrimonial house. From that day, she is living at her mother's house. The applicant is an illiterate women. She has no source of income.

(3.) The non-applicant is a Compounder in a Government Hospital at Maihar and earning Rs. 8,000/- per month. He is also having 8 acres of agricultural land from which he is earning more than Rs. 50,000-60,000/- per year and able to maintain the applicant but has refused to do so without any sufficient reason. So the non-applicant be directed to give Rs. 1500/- per month as maintenance to the applicant. The non-applicant in his reply opposed the prayer averring that applicant is not his legally wedded wife. She has filed false case only for getting maintenance. The applicant never lived with non-applicant in his house as his wife. So there is no question of demanding dowry from the applicant and since applicant is not a legally wedded wife of the non-applicant, she is not entitled to get maintenance from him. He further stated that he is not a Compounder in the Government Hospital but is unemployed and temporary working at Government Hospital and gets Rs. 500/- per month and does not have any agricultural land and hence prayed for rejection of the application.