SMT. RADHA DEVI AND OTHERS Vs. RAM SINGH

JUDGEMENT

(1.) The present petition has been instituted against Order dated 1.4.2015 rendered by the learned Sessions Judge, Solan, District Solan, HP in Case No. 20 -S/10 of 2013.

(2.) "Key facts" necessary for the adjudication of the present petition are that the petitioners filed an application under Section 125 CrPC for grant of maintenance allowance before Additional Chief Judicial Magistrate, Kasauli, District Solan, HP. According to the averments made in the application, petitioner No.1 is the legally wedded wife of respondent. Marriage was solemnised on 21.4.2003 as per Hindu rites and customs. Petitioner No.1 resided with the respondent in his house at Village Hara Mehta Post Office Goayala, Tehsil Kasauli, District Solan, HP. One daughter Kirti was born on 1.3.2004 and son Nitish was born on 25.7.2007. After marriage, behaviour of respondent towards petitioner No.1 turned hostile and he started causing physical and mental cruelty upon the petitioner No.1 and demanded dowry from her. She was also accused of giving birth to a female child. She was constrained to bring the matter to the notice of Pradhan, Gram Panchayat, Dhakrayana on 28.5.2005. Matter was compromised on 15.6.2005. Thereafter, respondent alongwith his parents tried to burn petitioner No.1 with kerosene oil on 24.12.2005. Petitioner No.3, Nitish fell seriously ill in February, 2008. Respondent did not take him to the doctor. Petitioner No.1 even reported the matter to the Protection Officer and also filed a complaint under Prevention of Women from Domestic Violence Act against the respondent in the Court of ACJM Kasauli. Same was compromised on 20.4.2009. Behaviour of respondent remained hostile. Petitioner No.2 was mercilessly beaten up by the respondent and her tooth was broken on 4.3.2012. Respondent has thrown out the petitioner No.1 from matrimonial house. She had no source of income. Petitioner No.2 was studying in 4th standard and petitioner No.3 was studying in Nursery class in St. Thomas School. Respondent was working in a factory and his monthly income was Rs.15,000/ - . He has also got plenty of property. His total income from all sources was Rs.45,000/ - per month. She prayed for a sum of Rs.10,000/ - per month as maintenance. It is in these circumstances that the application was filed.

(3.) Application was contested by the respondent. Factum of marriage has been admitted. It was denied that he treated petitioner No.1 with cruelty. According to him, petitioner No.1 was working in a factory and drawing a salary of Rs.8,500/ - per month. He was not earning Rs.45,000/ - per month as alleged.