ANJU MISHRA AND ANOTHER Vs. ARUN MISHRA

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed against the order dated 20/2/2015 passed by the Additional Sessions Judge, Khachrod, District Ujjain in Criminal Revision No.217/2013, by which the order dated 26/6/2013 passed by JMFC, Nagda, District Ujjain in M.Cr.C. No.16/2012 was affirmed.

(2.) By order dated 26/6/2013 the JMFC, Nagda, District Ujjain partially allowed the application filed by the applicants under Section 125 of Cr.P.C. The application filed by applicant no.1 was rejected, whereas the application filed on behalf of applicant no.2 was allowed and the respondent was directed to pay the maintenance amount to the applicant no.2 at the rate of Rs. 1,500/- per month.

(3.) The necessary facts for disposal of present application in short are that the applicants filed an application under Section 125 of Cr.P.C. on the allegation that the applicant no.1 was married to the respondent on 21/11/2007 as per Hindu rites and rituals and the applicant no.2 has born out of their wedlock. It was mentioned in the application that sufficient dowry was given at the time of marriage and the applicant no.1 has performed her marital duties properly, however, the mother of the respondent and his sisters Geeta and Meena were harassing the applicant no.1 and they were provoking the respondent to demand dowry from her parents and because of that she was being harassed. It was further alleged that the respondent under the guidance of his family members used to abuse her and beat her and was pressurizing her to bring a motorcycle, furniture as well as cash amount from her parents. Under the hope and belief that the behaviour of the respondent and his family members would improve, the applicant no.1 continued to bear the harassment at the hands of the respondent. The applicant no.1 ultimately lodged a report on 18/9/2011 against the respondent, however, the police did not take any action and closed the report under Section 155 of Cr.P.C. After this, the behaviour of the respondent and his family members became more cruel towards the applicants and thereafter the applicant no.1 was turned out of her matrimonial house after beating her. Accordingly, the applicant no.1 lodged a report against the respondent and his family members for offence under Section 498-A of IPC and on the basis of the said report Crime No.302/2010 was registered. During pendency of those proceedings the applicant no.1 and the respondent entered into a compromise on the promise made by the respondent that he would keep the applicant no.1 properly and also tendered the apology for his previous misbehaviour and since the applicant no.1 was interested in saving her marital life, therefore, she forgave him and filed an application for compounding and started living with the respondent. After the reconciliation, the behaviour of the respondent and his family members remained proper, but after some time they again started harassing her and with an intention to take revenge of the FIR lodged by the applicant no.1, the respondent got a complaint filed against the applicant and her family members through her sister-Geetabai and thereafter, turned the applicant no.1 out of her matrimonial house. In spite of all possible efforts, the respondent did not agree to keep the applicant no.1 with him and accordingly, the applicant no.1 issued a notice on 17/11/2011 asking for maintenance, but the respondent did not pay the maintenance. Accordingly, the applicant filed an application for grant of maintenance under Section 125 of Cr.P.C. It was also mentioned in the application that the respondent is earning Rs. 5,000/- per month by way of salary, as he is working as a contract teacher and is also earning Rs. 10,000/- by running tution classes. The applicant no.1 has no independent source of income and is unable to maintain herself and is dependent on her father. Her father does not have much income, so that he can look after the applicants. Accordingly, a prayer was made for grant of Rs. 5,000/- per month to the applicant no.1 and Rs. 2,000/- to the applicant no.2.