SHANTI DEVI Vs. RANBIR

JUDGEMENT

(1.) - This is a petition filed under Section 482 Cr. P.C. seeking the quashing of orders passed by the Sub Divisional Judicial Magistrate. PaIwal and the Additional Sessions Judge. Faridabad (copies of which are Annexure P1 and P2 respectively).

(2.) The petitioner /Smt. Shanti Devi wife of Ranbir resident of Banchari tehsil PaIwal. district Faridabad, filed an .application under Section 125 Cr. P.C. seeking grant of maintenance for herself and for her minor daughter. She had alleged interalia that she was married with the respondent about 17 years prior to the filing of the petition for maintenance which was instituted on 1-6-1979. The marriage was duly consummated and a daughter named Shashi Bala was born out of the wedlock, who was aged about IX years at the time of presentation of he petition for maintenance. The petitioner alleged that maltreatment was llltted out to her at the hands of the respondent husband and his parents, who were demanding a cash amount of Rs. 50.0001 - from the petitioners parents besides one she buffalow. Earlier on they had demanded one goat and one bicycle from father of the petitioner named Bhup Singh. Since Bhup Singh was unable to fulfil their demands, the petitioner alongwith her daughter was turned out of the matrimonial home about three months prior to the filing of the application under Section 125 Cr. P.C and since then she was residing with her father. The petitioner was illiterate and had no source of income of her own. The respondent and his/father were having 12 killas of land apart from which the respondent was doing business in milk vending and was earning about Rs. 3.0001- per month. The petitioner also alleged that her younger sister/Dayawanti was married with the brother, named Bachhu, of the respondent and Dayawanti had been tortured and she died about 10 years prior to the filing of the said petition, Under these circumstances, the petitioner apprehended danger to her life. She alleged that she had been deserted by her husband, the respondent.

(3.) Notice was served upon the respondent, who appeared before the Sub Divisional Judicial Magistrate and filed written reply, alleging, inter alia, that the averments made in the petition were contrary to the facts of the case. He alleged that the petitioner had token away a sum of Rs, 10,000/- and ornaments while leaving house of the respondent, This petition, it was alleged, had been filed just to evade the demand of the aforesaid amount and the ornaments, Which had been given to her by the respondent family. It was, however, not disputed that Shashi Bala was born to the petitioner from their wedlock. The respondent categorically denied the averments of harassment and torture to the petitioner, Regarding the death of sister of the petitioner, it was contended that she died due to long illness and not on account of any atrocities committed by the respondent's family on her. It was further alleged that the petitioner knew stitching and sewing work and was earning Rs. 1,000/- per month from it and had thus, sufficient means to maintain herself and her daughter. The respondent alleged that he himself was an illiterate person, unable to do any government job and he did not possess any agricultural land, He was only doing milk- vending business and was unable to maintain his wife and daughter. He however made an offer to toke the petitioner and her daughter to his house and keep them with him.