DAU SINGH Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) The instant miscellaneous petition has been filed by the petitioner challenging the order dated 1.11.2007 passed by the learned Additional Chief Judicial Magistrate, Bikaner in Criminal Miscellaneous Application No. 6/2006 allowing the application filed by the respondents No. 2, 3 and 4, who are the wife and children, respectively, of the petitioner and directed the petitioner to make payment of Rs.3,000.00 per month, in all, to the respondents from the date of the application, as affirmed by the learned Additional Sessions Judge No. 2, Bikaner by the Impugned order dated 15.7.2008 passed in Criminal Revision No. 210/2007

(2.) Succinctly stated, the facts of the case are that the respondents No. 2 to 4 herein filed an application tinder Sec. 125 Crimial P.C. with the averments that the respondent No. 2 was married to the petitioner on 14.7.1991 and two children, viz. Shiv Narain and Dharam Narain, were born from the wed-lock. It was averred in the application that right from the time of the marriage, the petitioner started harassing the respondent No. 2 (wife) on account of bringing less dowry and that ultimately turned her out of his house along with the children because the demand of the petitioner for a motorcycle was not satisfied. It was also averred in the application that the petitioner was working as a Helper in the Electricity Department and was also having additional income by doing private jobs.

(3.) The petitioner (husband) contested the application and submitted that the respondent (wife) was living separately without any justification and that she wanted to keep the petitioner in her parental house and when the petitioner did not accede to this demand, she left the house of the petitioner without any justification, thus, the respondent (wife) and the children were not entitled to claim and receive any maintenance.