IMLESH AND ANOTHER Vs. AMIT

JUDGEMENT

(1.) Petitioner Imlesh, estranged wife for herself and for petitioner Kumari Vanshika minor daughter of the parties, who is in her custody had filed a petition under Section 125 Cr.P.C. for grant of maintenance allowance against her husband Amit respondent, contending that on account of her maltreatment, harassment, misbehave besides torture in connection with demand of dowry at the hands of her husband Amit, she is residing separately along with minor daughter of the parties; that on 21.10.2009, the respondent had set her on fire even, resultantly, she had suffered 30% burn injuries and was hospitalized and since November 2009, she is residing at her parental house; that she does not have any source of income and is dependent upon her parents, whereas the respondent is running a milk dairy also having rental income, in addition to that he is supplying purified water and his total earning is Rs. 50,000/- per month and despite that he has neglected and refused to maintain the petitioners.

(2.) On notice, the respondent appeared and filed written reply refuting the allegations in the petition contending that he is working as a car driver earning Rs. 4,000/- per month, whereas the petitioner No.1 is working in a beauty parlour earning handsome amount. The allegations levelled by the petitioner No.1 regarding her harassment and maltreatment in connection with demand of dowry, the respondent having set her on fire with the help of his parents are strongly refuted. In the end, he prayed for dismissal of the petition.

(3.) The parties were afforded adequate opportunities to lead evidence in support of their respective claims.