KULBIR SINGH Vs. MAMTA RANI

JUDGEMENT

(1.) The present criminal revision is directed against the order dated 27.1.2011 passed by the learned Additional Sessions Judge, Jind, thereby allowing the criminal revision of respondent-wife of the petitioner, against the order dated 19.3.2010 passed by the learned Sub Divisional Judicial Magistrate, Narwana, whereby her application, under Sec. 125 of the Code of Criminal Procedure ('Cr.P.C.' for short), seeking maintenance allowance was dismissed.

(2.) Facts first. Shorn of the detailed background, it would suffice to refer to the basic and necessary facts sufficient for disposing of the short issue involved in the present case. Since parties to the marriage were not pulling together because of their differences, the respondent-wife filed a petition under Sec. 125 Crimial P.C., seeking maintenance allowance from the husband-petitioner herein. During the pendency of this petition, respondent-wife also moved an application for interim maintenance. Although the marriage between the parties was solemnised on 27.10.2006, but no child was born from this wedlock. Besides, levelling some allegations on the petitioner-husband for demand of more dowry including an Alto car, the respondent-wife also complained to her mother-in-law about the incompetence of the petitioner to consummate the marriage. The petitioner and his female relatives got annoyed and instead of getting medical treatment for the petitioner, the respondent wife was given beatings and thrown out of her matrimonial home. Thus, while staying with her parents, respondent-wife has left the matrimonial home without any justified cause and she was not entitled for any maintenance.

(3.) After hearing the parties and going through the record, learned Sub Divisional Judicial Magistrate, vide order dated 19.3.2012, dismissed the application moved by the respondent-wife for interim maintenance, observing that none of the parties has pleaded about their readiness and willingness to join the company of each other.