OM PRAKASH Vs. PREM LATA

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 6.7.2011 passed by the learned Addl.Sessions Judge, Shahpura District Bhilwara whereby the revisional court has ordered Rs.500.00 per month maintenance in favour of respondent whereas the court below has rejected the application of respondent filed under Section 125, Cr.P.C. for maintenance stating therein that she got married with the petitioner 33 years back and having four sons and daughters and the petitioner has treated her with cruelty. She is not earning any thing and hence prayer for maintenance has been made. In reply to this, the present petitioner has stated that he is not earning any thing. He is an old person and he moved application for maintenance against his son Shyam Lal and the court has awarded maintenance to him @ 300.00 per month and the respondent-wife is living separately without any reason. He moved application under Section 9 of the Hindu Marriage Act which was decreed. In spite of this, respondent is living apart and he denied to live with him, but on this assertion the court below has dismissed the application but the revisional court has awarded the maintenance allowance ignoring the fact that the respondent herself denied to live with him. This important aspect has not be dealt with by the revisional court and hence this petition.

(2.) THE other contention of the present petitioner is that respondent is living separately without any reasonable cause and he himself is getting maintenance from his son. He has no means of income. Hence the order of the revisional court should be set aside.

(3.) HEARD learned counsel for the petitioner and the learned Public Prosecutor for the State and perused the material available on record.