DHANWANTI Vs. LAXMAN ALIAS PINTU

JUDGEMENT

(1.) This revision has been filed under Sections 397, 401 of Cr.P.C. against the order dated 11/6/2009 passed by the Additional Sessions Judge, Karera, District Shivpuri in criminal revision No.152/2007 setting aside the order dated 13/9/2007 passed by JMFC, Karera, District Shivpuri in M.Cr.C. No.55/2007.

(2.) The necessary facts for the disposal of the present application in short are that the applicant had filed an application under Section 125 of Cr.P.C. on 22/12/2006 on the allegation that she was married to the respondent on 7/5/2004 as per Hindu rites and rituals. The father of the applicant had given Rs.40,000/- in cash and other household articles of Rs.40,000/- at the time of marriage. After marriage, for some time the respondent and other in-laws kept her properly, but thereafter they started harassing her on the allegation that less dowry has been given. The respondent is in government job and, therefore, he would have got more dowry and the father of the applicant has given less dowry in spite of his promise, therefore, they demanded a motorcycle and further amount of Rs.50,000/- from the applicant, otherwise extended threat that the respondent would remarry. When this fact was told by the applicant to her father, then her father expressed his inability to fulfill their demand because of his poor financial condition and since the applicant and her father could not fulfill the demand of motorcycle and an amount of Rs.50,000/-, therefore, the respondent and other in-laws used to confine her in a room and they were also not providing her food. On 19/12/2006 also the respondent and her in-laws were ready to set her on fire and somehow the applicant saved her life and informed the incident to one Mansukhlal residing in the same village. An information was given to the father of the applicant on telephone and consequently she was rescued with the help of the police. From thereafter she is residing in her parents home. As she was made to starve because of non-fulfillment of demand of dowry, therefore, she has now become very weak and has no source of maintenance and treatment. She is unable to maintain herself. The respondent is working as Shiksha Mitra and is getting monthly salary of Rs.3,000/-. Father of the respondent has agricultural land from which the respondent earns Rs.1,00,000/- per annum and accordingly a prayer was made for grant of Rs.2,000/- per month by way of maintenance and an amount of Rs.5,000/- for treatment.

(3.) The application was opposed. The allegations of demand of dowry, of not providing food as well as of confining the applicant in a room were denied. On the contrary, it was alleged by the respondent that the applicant herself is not interested in maintaining cordial relations with the respondent because the applicant has illicit relations with several persons, therefore, on one pretext or other she wants to reside in her parents house. On several occasions the respondent tried to persuade the applicant, but she did not agree. On one occasion she had left her matrimonial house at about 8 in the night in absence of the respondent. It was further alleged that the respondent has filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rites.