SAIYANA BANAO Vs. RASHID QURESHI

JUDGEMENT

(1.) This revision under sections 397, 401 of Cr.P.C., 1973 has been filed against the order dated 18/2/2011 passed by the Fourth Additional Sessions Judge, Bhind in Criminal Revision No. 226/2010 setting aside the order dated 5/10/2010 passed by the CJM, Bhind in criminal case No. 14/2006, by which the application filed by the applicant under section 125 of Cr.P.C., 1973 was allowed and the respondent was directed to pay maintenance at the rate of Rs. 2,500/- per month to the applicant.

(2.) The necessary facts for the disposal of the present application in short are that the applicant filed an application under section 125 of Cr.P.C., 1973 before the Court of CJM, Bhind on the ground that she was married to the respondent, however, she was turned out of her matrimonial house after harassing her mentally and physically. The respondent is working in the office of SDM, Mehgaon, District Bhind and his monthly salary is Rs. 20,000/- per month and the applicant has no source of income and is unable to maintain herself.

(3.) The respondent filed a reply and denied the allegations. It was alleged that the respondent has divorced the applicant on 29/12/2005 and has paid the maintenance amount during the Iddat period and accordingly after the Iddat period, he is not liable to make payment of maintenance amount.