AMIT Vs. DUSHYANT RANA

JUDGEMENT

(1.) The petitioner has challenged order dtd. 1/3/2016 passed by District Judge (Family Court), Bhiwani vide which the application of the petitioner under Sec. 125 of the Code of Criminal Procedure, 1973 was dismissed.

(2.) It is not in dispute that both the parties had tied the nuptial knot on 25/11/1996. Out of the wedlock, two children were born. However, at the time of filing the application, the children were residing with the real sister of the petitioner namely Smt. Madhu who is also married with the real brother-in-law of the present petitioner (husband's real brother). It is alleged that the respondent husband has treated the petitioner with cruelty. He has neglected her and refused to maintain her. Earlier, she lodged an FIR under Ss. 307 of Indian Penal Code and 25 of Arms Act. It has been submitted that in the absence of the petitioner, the respondent husband had broken the locks of the house and stolen her all articles and also taken the custody of the children forcibly. Other instances of cruelty has been given.

(3.) This petition was contested by the respondent husband on the ground that the petitioner was doing the work of readymade garments and also giving tuition earning Rs.20,000.00 per month. He denied all the allegations levelled against him and his family members. However, it has been submitted that all the criminal cases have been turned into acquittal.