SURITA SHARMA Vs. SURESH SHARMA

JUDGEMENT

(1.) Present petition is filed under Section 482 Code of Criminal Procedure 1973 against order dated 1.4.2014 passed by learned Additional Sessions Judge -II Shimla HP in Cr. Revision Petition No. 1 -S/10 of 2013 title Suresh Kumar Vs. Surita Sharma and another.

(2.) BRIEF FACTS OF THE CASE: Smt. Surita Sharma wife of Sh Suresh Kumar and minor Km.Tania filed petition under Section 125 Cr.PC for grant of maintenance allowance. It is pleaded that marriage between Surita Sharma and Suresh Kumar was solemnized on 23.11.1999 at Aggarwal Dharmshala near RKMV Shimla HP. It is further pleaded that from wedlock of Surita Sharma and Suresh Kumar co -petitioner No.2 Km. Tania was born who is at present aged five years and is residing with Surita Sharma at her parental house at wooden market Shimla. It is further pleaded that co -petitioner No.2 Km. Tania minor is suffering from disease namely Cerebral palsy and undergoing routine check up from various hospitals i.e. IGMC Shimla, PGI Chandigarh and hospital at Delhi. It is further pleaded that relations between Surita Sharma and Suresh Kumar were cordial up to year 2003 and thereafter father of Suresh Kumar on one pretext or the other started quarreling with Surita Sharma. It is further pleaded that harassment and torture was continued on the part of late father of Suresh Kumar, younger brother of Suresh Kumar and his wife Smt. Anju. It is further pleaded that all family members including married sister of Suresh Kumar and younger brother of Suresh Kumar and his wife always taunted Surita Sharma and told that she was brought to matrimonial house keeping in mind the poverty of parents of Surita Sharma and should not expect any respect and status of wife of Suresh Kumar who is earning in lacs per month in foreign country. It is further pleaded that Suresh Kumar despite heaving source of income stopped paying maintenance allowance and did not provide basic amenity of life to Surita Sharma and her minor daughter Km. Tania. It is further pleaded that on dated 9.1.2004 compromise was executed between Surita Sharma and Suresh Kumar for construction of house in the name of Km. Tania. It is further pleaded that Suresh Kumar agreed that he would pay maintenance allowance to minor Tania. It is further pleaded that Suresh Kumar agreed to pay maintenance allowance to the tune of Rs.3000/ - (Three thousand) per month up to December 2005 but thereafter he stopped payment of maintenance allowance and told Surita Sharma to get divorce from him. It is further pleaded that Surita Sharma is residing with her parental house where two brothers of Surita Sharma are also residing with their families and old mother of Surita Sharma is also residing with them. It is further pleaded that Surita Sharma has qualified her MA in Hindi from HP University but she is unemployed and has no independent source of income. It is further pleaded that Surita Sharma cannot join any job in view of the fact that a permanent attendant is required to look after co -petitioner No.2 Tania who is suffering from disease namely Cerebral Palsy. It is further pleaded that Suresh Kumar has neglected and refused maintenance allowance to Surita Sharma and minor daughter Km. Tania. It is further pleaded that Suresh Kumar is the owner of restaurant namely Pizza Fontana in Germany and earns sum of Rs.150000/ - (One lac fifty thousand) per month as per Indian currency. It is further pleaded that Suresh Kumar has acquired plots of land at Hamirpur and is owner of a shopping complex near GPO Hamirpur HP. It is further pleaded that Suresh Kumar has ancestral property at village Chujhani post office Dhanvi Tehsil Bhoranj District Hamirpur HP. It is further pleaded that Surita Sharma and Km. Tania are legally entitled for maintenance allowance to the tune of Rs.20000/ - (Twenty thousand) per month. It is further pleaded that Surita Sharma and Km. Tania has no source of income to maintain themselves. It is further pleaded that Suresh Kumar has intentionally neglected Surita Sharma to provide maintenance allowance despite sufficient source of income. Prayer for grant of maintenance allowance to the tune of Rs.20000/ - (Twenty thousand) per month with costs of litigation sought.

(3.) Per contra response filed on behalf of Suresh Kumar pleaded therein that petition filed under section 125 Cr.PC is not maintainable because Surita Sharma has left her matrimonial house without any sufficient cause. It is further pleaded that Suresh Kumar is paying maintenance allowance regularly. It is further pleaded that petition filed under section 125 Cr.PC is also not maintainable due to act and conduct of Surita Sharma as she has deserted Suresh Kumar without any reasonable cause. It is further pleaded that family members of Suresh Kumar did not quarrel with Surita Sharma at any point of time. It is denied that Surita Sharma was harassed and tortured in her matrimonial house. It is further pleaded that nature of Surita Sharma is quarrelsome and she used to quarrel with Suresh Kumar and his family members without any reasonable cause. It is further pleaded that Surita Sharma and Suresh Kumar lives as husband and wife at village Ghujhani post office Dharwin Tehsil Bhoranj District Hamirpur HP and housing board colony Hamirpur HP for 15 days only and during this period Surita Sharma abused parents and brothers of Suresh Kumar. It is further pleaded that Suresh Kumar is working at Germany. It is further pleaded that Surita Sharma used to abuse Suresh Kumar when he used to visit India. It is denied that compromise was executed between Surita Sharma and Suresh Kumar. It is further pleaded that Suresh Kumar is paying maintenance allowance to the tune of Rs.3000/ - (Three thousand) per month regularly. It is further pleaded that when Surita Sharma has given birth to a female daughter then Suresh Kumar was not informed which cause mental and physical cruelty to Suresh Kumar. It is further pleaded that Suresh Kumar has filed divorce petition against Surita Sharma which is pending for adjudication. It is further pleaded that Suresh is paying maintenance allowance at the rate of Rs.4000/ - (Four thousand) per month to Surita Sharma as per order of learned District Judge Hamirpur. It is denied that Suresh Kumar has acquired plot of land at Hamirpur. It is denied that Suresh Kumar is the owner of shopping complex near GPO Hamirpur. It is denied that Suresh Kumar has ancestral property at village Chujhani post office Dhanvi Tehsil Bhoranj District Hamirpur HP. It is denied that Surita Sharma and Km.Tania are entitled for maintenance allowance to the tune of Rs.20000/ - (Twenty thousand). It is further pleaded that Surita Sharma committed cruelty in her matrimonial house herself. It is further pleaded that Surita Sharma has threatened to Suresh to kill him when she would get proper time. It is further pleaded that Surita Sharma has filed a false complaint in police station Hamirpur. It is further pleaded that Surita Sharma has herself deserted Suresh Kumar intentionally since January 2002. It is further pleaded that Suresh is ready to keep and maintain Surita Sharma and minor daughter Tania. Prayer for dismissal of petition filed under Section 125 Cr.PC sought. Smt. Surita Sharma filed rejoinder and re -asserted allegations mentioned in petition.