JYOTSANA CHAUHAN Vs. SUNEEL CHAUHAN

JUDGEMENT

(1.) THE wife and daughter have filed this petition, under Article 227 of Constitution of India read with Section 482 Cr.P.C. against common order, dated 3.7.2012, passed by learned Sessions Judge, Shimla in Criminal Revision No. 13 -S/10 of 2012 and Criminal Revision No. 19 -S/10 of 2011. The facts in brief are that petitioners had filed a petition, under Section 125 Cr.P.C. against the respondent for maintenance claiming Rs. 15,000/ - and Rs. 5,000/ - per month, respectively, from the respondent. It has been pleaded that marriage between petitioner No. 1 and respondent was solemnized on 4.11.1999. From the wedlock, petitioner No. 2 was born on 4.2.2006. The respondent treated the petitioner No. 1 with cruelty in connivance with and at the instance of his parents. The petitioner No. 1 was compelled to take shelter in her parental house and since then she has been residing with her parents.

(2.) THE respondent did not bother to pay any maintenance to petitioners. The respondent is an able bodied person and is having an apple orchard at village Dharkalan and earning rupees seven to nine lakhs per year from the orchard: He is also owning two plots of 5 biswas each at Churath Nalla having market value between 12 to 14 lakhs. The respondent has sufficient means to pay maintenance to the petitioners. The petitioners have no source of income. The respondent has failed to pay any maintenance to the petitioners, therefore, they filed petition, under Section 125 Cr.P.C. claiming maintenance, as noticed above.

(3.) IT has also been pleaded that petitioner No. 1 wants that respondent should not live in his native place, rather he should live separately from his parents at Shimla. This was not accepted by the respondent. The persuasions made by the respondent were proved futile; therefore, petitioner No. 1 left the matrimonial home in December 2008. He denied having any apple orchard, as alleged by the petitioners. He has also denied income of rupees seven to eight lakhs per year from alleged apple orchard. He has, however, admitted that he is having "Ghasni" land measuring 2 -10 biswas at village Dharkalan and one plot measuring 4 biswas at Churath Nalla. He has no independent source of income to maintain himself. The rejoinder was filed by the petitioners controverting the stand taken by the respondent.