BUDHI SINGH Vs. MEENA DEVI AND ORS.

JUDGEMENT

(1.) Present petition is filed under Sec. 482 Code of Criminal Procedure against order dated 8.5.2015 passed by learned Sessions Judge Mandi in Criminal Revision No. 16 of 2014 titled Meera Devi & another v/s. Budhi Singh.

(2.) Meena Devi wife of Budhi Singh and Neelam Kumari minor daughter of Budhi Singh filed petition under Sec. 125 Code of Criminal Procedure for grant of maintenance allowance pleaded therein that Meena Devi is the legally wedded wife of Budhi Singh and their marriage was solemnized on 3.3.1999 as per Hindu rites and customs at village Alag and out of their wedlock one daughter namely Neelam Kumari born on 29.10.2000. It is pleaded that Budhi Singh and his family members tortured Meena Devi and case under Ss. 498 -A, 506 and 323 IPC read with Sec. 34 of Indian Penal Code was registered in Police Station Sadar District Mandi H.P. It is further pleaded that Budhi Singh filed divorce petition against Meena Devi pleaded therein that Neelam Kumari is not the daughter of Budhi Singh. It is further pleaded that false allegation of adultery amounts to mental cruelty. It is further pleaded that after solemnization of marriage by Budhi Singh with Meena Devi, Budhi Singh also solemnized second marriage with Smt. Radha Devi D/o Sh. Jageshwar resident of Village Nahlog P.O. Baryara Sub Tehsil Kotli District Mandi H.P. and she has given birth to one daughter. It is further pleaded that Meena Devi is residing in old dilapidated house. It is further pleaded that Budhi Singh retired from military service. It is further pleaded that Meena Devi has no source of income to maintain herself as well as her minor daughter Neelam Kumari. It is further pleaded that Neelam Kumari is the student of 8th Class. It is further pleaded that Budhi Singh is getting pension to the tune of Rs. 20,000/ - (Twenty thousand) per month. Maintenance allowance to the tune of Rs. 5000/ - (Five thousand) per month sought to each of the petitioners.

(3.) Per contra response filed on behalf of Budhi Singh pleaded therein that a false case was filed under Ss. 498 -A, 506, 323 read with Sec. 34 Indian Penal Code. It is further pleaded that Meena Devi has deserted Budhi Singh since the year 2000 and she is not entitled for maintenance allowance. It is admitted that Budhi Singh retired from military service. It is also admitted that Neelam Kumari is student of 8th Class. It is denied that Budhi Singh is getting pension to the tune of Rs. 20,000/ - (Twenty thousand) per month. It is further pleaded that Budhi Singh is getting pension to the tune of Rs. 7,225/ -(Seven thousand two hundred and twenty five) per month. It is denied that Budhi Singh has solemnized second marriage with Smt. Radha Devi daughter of Jageshwar resident of Nahlog P.O. Baryara Sub Tehsil Kotli District Mandi H.P. Prayer for dismissal of maintenance petition sought.