SARDAR SINGH Vs. SMT. CHENKUNWAR

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. against the order dated 28.5.2016 passed by the learned Second Additional Sessions Judge Jaora District Ratlam, in Criminal Revision No. 31/2016 whereby he confirmed the order dated 4.12.2015 passed by learned Judicial Magistrate First Class- Alot District Ratlam in Misc. Criminal Case No. 9/2008 whereby he allowed the respondent's application filed under Section 125 Cr.P.C. and directed the applicant to pay Rs. 3,000/- per month as maintenance.

(2.) Brief facts of the case relevant to this petition are that, the respondent filed an application under Section 125 Cr.P.C. before the Judicial Magistrate First Class Alot for getting maintenance from applicant averting that she is legally wedded wife of applicant and her marriage was solemnized with applicant 12 years ago from the date of filing the application. After marriage, she resided with applicant in Village Elayakhedi but the behaviour of applicant and his family members was not good with her. They used to demand dowry and subjected her to cruelty and also beated her. They expelled respondent after beating her due to which presently respondent lives with her father. She is not able to maintain her while applicant is having 60 Bigha of irrigated land and also runs business of selling milk and earns Rs. 15,000/- per month and is able to maintain her but has refused to do so without any sufficient cause so applicant be directed to pay maintenance to her.

(3.) Respondent in his reply denied all allegations and averred that his marriage was earlier solemnized with Premkunwarbai on 4.2.1990 who is living with him as wife. Respondent is not his legally wedded wife. He never beated her nor demanded dowry from her and that she is able to maintain her and prayed for rejection of the application.