RAMSWAROOP Vs. SMT. PREMALATA

JUDGEMENT

(1.) This petition under section 482 of CrPC, 1973 has been filed against the order dated 23/01/2018, passed by First Additional Sessions Judge, Mungawali, District Ashok Nagar in Criminal Revision No. 33/2012, thereby affirming the order dated 11/04/2012, passed by Additional Chief Judicial Magistrate, Mungawali, District Ashok Nagar in Criminal Case No.56/2008, by which the application filed by the respondents under section 125 of CrPC, 1973 has been allowed and the applicant has been directed to pay Rs. 600/- per month and Rs. 400/- per month to the respondents No.1 and 2 respectively from the date of the order.

(2.) The necessary facts for the disposal of the present petition in short are that the respondent No.1 filed an application under section 125 of CrPC, 1973 on the allegation that after 4-5 years of her marriage she was kept properly, but thereafter the applicant and his mother started demanding Rs. 50,000/- and as the respondent No.1 could not fulfil their demand, therefore, they started harassing her physically and mentally. She was turned out of her matrimonial house along with her minor daughter and a threat was given that in case if she does not bring an amount of Rs. 50,000/- from her father, then she would be killed. It was further alleged that the respondent No.1 is residing separately for the last four years along with her minor daughter. She has no independent source of income and is unable to maintain herself, whereas the applicant is a Government servant and is earning Rs. 7,000- 8,000/- per month.

(3.) The applicant filed his reply and denied the allegations. It was alleged that in fact, the behaviour of the respondent No.1 was cruel towards the applicant and his mother. However, in spite of constant persuasion, the respondent No.1 did not improve her behaviour and on 17/11/2005, after leaving her sons, she went to her father's house along with her minor daughter-respondent No.2 and lodged a false report of demand of dowry. Thereafter, the applicant filed a petition for grant of divorce, which has been allowed and a decree of divorce has been passed. The applicant has a limited source of income and he is responsible to look after his parents and two sons. It was mentioned that the permanent alimony is fixed and he is making payment for the same.