PYARI BAI Vs. MAKKU

JUDGEMENT

(1.) REJECTION of the application preferred under Section 125 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for grant of maintenance forming the subject matter of Criminal Case No. 71/91 by the Judicial Magistrate, First Class, Lakhanadon, is the cause of grievance of the wife -petitioner, the present revisionist.

(2.) THE petitioner filed an application under Section 125 of the Code pleading, interalia, that her marriage with the non -applicant -husband was solemnized in the year 1988 as per their custom and at the time of the marriage the father of the petitioner had given some cash and certain articles. After marriage the husband demanded Rs. 10,000/ -, one Luna and a fan but the demand was not acceded to by the father of the petitioner. This created an acrimonious atmosphere at home and delicate relationship between the two degenerated to a crudely violent one and the non -applicant started assaulting her and, in fact, went to the extent of throwing acid on her for which her clothes were burnt. After this incident the husband, brought her to the house of her father and warned her not to come back to his house without compliance with the demand. Thereafter, with the intervention of the 'punch', assurance was given by the brother of the petitioner that there would be an amiable atmosphere at home and the past incidents would not be repeated. She went to the house of her husband and after staying there for some days she returned to her parental house.

(3.) THE said application was resisted by the non -applicant -husband by denying all the allegations of the petitioner and putting forth a positive case that she was a lady of wild temper and she refused to have sexual intercourse with the husband on the pretext that he was not fit for her. It has also been stated that he has been separated from his brothers and mother and, therefore, there is no reason for any kind of cruel treatment by them, and the question of assault was for remote from the truth. He has also indicated in the objection that there is no justifiable reason on the part of the wife to desert him and he was willing to take her back.