LEKH RAM Vs. BIMLA DEVI

JUDGEMENT

(1.) THE challenge herein in this revision petition under Section 397 of the Code of Criminal Procedure, 1973 (in short `Cr.P.C'), is against the order dated 24.4.2003, of the learned Sessions Judge, Bilaspur, Himachal Pradesh, in criminal revision No. 26/10 of 2001, whereby order dated 16.10.2001, passed by the learned Addl. Chief Judicial Magistrate, Ghumarwin, District Bilaspur, H.P., dismissing the application under Section 125 Cr.P.C filed by the respondents herein (wife and children) against the petitioner herein (husband), has been set aside and monthly maintenance of ` 300/- to the wife and Rs. 100/- each to the children, has been granted from the date of application, that is, 30.12.1998.

(2.) THE inter se relationship between the parties is admitted. THE marriage between petitioner No.1 and the respondents was solemnized somewhere in the year 1987. Petitioners No. 2 and 3 were born out of the wedlock. At the time of filing of the application for maintenance, they were aged 9 and 6 years, respectively. It was further averred by the wife that she lived with the husband for about eight years, but the relations between them remained strained. He did not at all care for her. He also refused and neglected to maintain her and the children and often used to tell her to get out of the matrimonial home and threatened her that he would remarry. It was also alleged that he also used to beat her occasionally. She suffered many physical and mental hardships during the aforesaid period of eight years. Later on, he started giving beatings to her quite often. Ultimately, she along with the children were turned out of the matrimonial home by him and per force they had to take shelter in the cowshed. According to the wife, she is unable to maintain herself and the children. THE respondent, who is an able bodied person was Rs. 100/- earning per day and was having monthly income of Rs. 3000/-. A sum of Rs. 500/- per month each was claimed by the wife and children as maintenance from the husband.

(3.) THE learned Sessions Judge has reversed the above findings holding that the husband had neglected and refused to maintain the wife and children and they were compelled to take shelter in the cowshed and that the inference drawn by the learned trial Magistrate that since the children were school going, it can be reasonably expected that they were being maintained by the husband are conjectural in nature.