ARUN KUMAR SHARMA Vs. RAMA SHARMA

JUDGEMENT

(1.) ON application under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for grant of maintenance moved by Smt. Rama Sharma (hereinafter referred to as the wife) on her own behalf and on behalf of her minor daughter Geetika, Judicial Magistrate 1st Class, Ludhiana, vide his order dated 9th June, 1989 awarded maintenance allowance at the rate of Rs. 500/- per month for the wife, and, at the rate of Rs. 200/- per month for her minor daughter Geetika with effect from the date of the said order against Arun Kumar Sharma (hereinafter referred to as the husband ). Both the parties filed revision petitions against the aforesaid order passed by the trial Magistrate and the learned Additional Sessions Judge, Ludhiana, partly allowed the revision petition filed by the wife on her own behalf and on behalf of her minor daughter and granted maintenance allowance from the date of the application before the trial Magistrate, whereas, the revision filed by the husband for setting aside the order for grant of maintenance was dismissed.

(2.) AGGRIEVED against the order passed by the Additional Sessions Judge, Ludhiana, the husband filed two petitions under Section 482 of the Code i. e. the present petition and Crl. M. No. 8678-M of 1990. Since common question of law and fact are involved both these petitions shall be disposed of by one order.

(3.) IN brief facts relevant for the disposal of this petition are that the marriage between the parties was solemnised on 14-4-1982 and out of the said wedlock their daughter Geetika was born on 30-8-1983, Parents of the wife gave sufficient dowry and Istridhan at the time of marriage. However, the husband and the latter's parents were not satisfied with the dowry brought by the wife. All of them started maltreating her for bringing inadequate dowry. After Geetika was born, the husband and his relations used to maltreat the wife more often. She was given beating by her husband daily. Brain Dutt wife's brother came to see her after about six. months of the birth of her daughter and came to know that his sister was treated with cruelty by her husband and her in-laws. He took her along with him. Thereafter at the intervention or respectables, the wife again started living with her husband but her husband and her in-laws again maltreated her. After about six months the wife was again turned out by her husband. After another six months at the intervention of the respectables she again came to the house of her husband and started living there. The behaviour of her husband and his other family members did not change and apprehending danger to her life, the wife left the house along with her daughter. It was further pleaded by the wife that she has no source of income of her own, whereas, her husband runs a shop of a. Chemist in Samrala Chowk, Ludhiana, under the name and style of M/s New Suraj Medical Hall and earns Rs. 5000/- per month.