SUNIL KUMAR Vs. REENA DEVI

JUDGEMENT

(1.) The petitioner's wife had filed an application under Sec. 125 CrPC, seeking monthly maintenance from the petitioner-husband. In the application, she averred that they had solemnized marriage on 30/4/2007, in accordance with Hindu rites and customs. Out of the said wedlock, a daughter was born.

(2.) The respondent-wife alleged that after one year of her marriage, her husband Sunil Kumar, started maltreating her. She reported the matter to the police on numerous occasions, however, every time, the matter was compromised. Her husband also demanded dowry from her and a case under Sec. 498-A was filed by the wife. She further stated that her husband has passed M.Sc., and is working in a school. On this, she claimed maintenance of Rs.5,000.00 to her and same amount to her daughter. Given such behavior and the absence of financial support, it became impossible for her to reside with him in his house. Consequently, she was forced to shift to the house of her father, where the petitioner Sunil Kumar neither paid visit nor gave any money.

(3.) The husband filed a reply admitting the marriage and the birth of a daughter. However, he stated that the wife left his home without any rhyme and reason. During her stay she would cause mental cruelty. She further stated that she herself is a post graduate and B.Ed., and is working in a school.