SANTOSH KUMARI Vs. SATISH KUMAR

JUDGEMENT

(1.) Santosh Kumari was married to Satish Kumar on October 21, 1985 according to Hindu rites. Two children viz. Gauri and Arun, were born from this wedlock.

(2.) Facts culminating into this petition under Section 125, Cr. P.C. by Santosh Kumari and her minor children Gauri and Arun, briefly stated are that from the very beginnig the behaviour of Satish Kumar and his family towards Santosh Kumari had been cruel. They also demanded cash from her parents. To fulfil their demand, on one occasion, her parents gave Rs. 10,000/- and on another occasion, Rs. 5,000/- to the respondent, but there was no end to their greed which kept on increasing. Even after the birth of the children, they wanted that the entire expenditure should be borne by her parents. Thus, 15 days after the birth of the child she was thrown out of the house. In December, 1991 the respondent and his parents and brother conspired to kill her by pouring kerosene on her. With the intervention of respectables and relatives, she was taken back to the matrimonial home but there was no change in the behaviour of the respondent and his family members.

(3.) On 3.3.1992, Satish Kumar gave merciless beatings to Santosh Kumari and turned her out of the house, but again she was sent back to the matrimonial home, as the matter was settled on 9.5.1992, but she was again thrown out of the matrimonial home in May, 1992 and since then she has been living with her parents alongwith the children. She has got no source of income nor she is able to maintain herself and her minor children. Therefore, she claimed maintenance from the respondent for herself and her minor children as the respondent is earning Rs. 9,000/- per month from all the sources of income taken together.