SATBIR Vs. SAROJ AND OTHERS

JUDGEMENT

(1.) This revision is directed against the order dated 01.02.2013 passed by the District Judge (Family Court) Bhiwani who awarded maintenance in the petition filed under Section 125 Cr.P.C. to the petitioners who are the wife and minor children.

(2.) To appreciate the issue raised, it would be apposite to refer to the basic facts. Saroj was married to Satbir in 1998. Three children were born out of the wedlock. The eldest was stated to be 12 years, the youngest was 2 years only, when the petition was filed in the year 2012. Several allegations were levelled by the wife but it would be necessary to only refer to one of them. The petitioner had alleged that the respondent in connivance with his younger brother succeeded in preparing a blue film in order to blackmail her and forced her to commit suicide. It is pleaded that she has come to know that the respondent had a paramour at his place of posting and was asking for divorce and had started issuing threats. It was pleaded that she was unable to maintain herself and in April 2011 she started living with her parents and the respondent was not responding to any of her calls nor had sent any maintenance. It was pleaded that she was unable to maintain herself and her children who were school going. She had to pay the school fee and was facing hardship. It was pleaded that the husband was serving as an Inspector in CRPF and was getting salary of Rs. 40,000/- per month and owned 4 acres of agricultural land. The petitioner had claimed Rs. 20,000/- per month as maintenance.

(3.) In the reply, it was pleaded that the petitioner was residing in the house owned by the respondent and he was maintaining the family. It was pleaded that petitioner No. 1 had a bad reputation and she used to leave the matrimonial house in his absence and without his consent. It was pleaded that petitioner No. 1 was under the influence of her father who had committed two murders and she was blackmailing him.