REWALAL Vs. URMILA

JUDGEMENT

(1.) THIS criminal revision under Section 397/401 of the Code of Criminal Procedure read with Section 19 (4) of the Family Court Act has been preferred being aggrieved by the impugned order dated 21. 05. 2007 passed by Family Court, Jabalpur in M. J. C. No. 250/04 whereby the application filed by respondent under Section 125 of Cr. P. C. has been allowed and directing the petitioner to pay maintenance to respondent and her daughter at the rate of Rs. 800/per month to each respectively.

(2.) THE facts of the case in brief are that respondent/applicant (herein after referred as respondent) filed an application under Section 125 of Cr. P. C. against the petitioner/non-applicant (herein after referred as petitioner) to the effect that she is the wedded wife of petitioner. Their marriage was performed on 24. 04. 1996. They lived happily for two years and two daughters were born out of their wedlock but later on petitioner's behavior changed. He started harassing her. On 16. 01. 2004 he gave her beating and drived her out of the house. Since then she is residing in her parents house alongwith her minor daughter. She has no means to maintain herself. On the contrary, petitioner is a teacher and has means to support. It was also stated that the petitioner has illicit relations with Suhagabai and, he has neglected her. Since the marital relations are still subsisting hence, she is entitled to get maintenance and also for her minor daughter.

(3.) THE petitioner submitted the written reply in detail wherein he denied most of the averments of the petition mainly contending that respondent is voluntarily living separately. He has not subjected her to cruelty and not driven out from his house. He is ready to keep with him. He has also filed the petition under Section 9 of Hindu Marriage Act for restitution of the conjugal rights wherein the decree has been passed. In spite of she did not turn up to live with him, therefore, in such circumstances, she is not entitled to get any maintenance.