BHEEMA GURJAR Vs. SMT. GEETA AND ANR.

JUDGEMENT

(1.) This Revision Petition under section 397 read with section 401 Code Criminal Procedure is directed against the order dated 03rd July 2010 passed by learned Sessions Judge, Bhilwara in Cr. Revision No.116/2010- Smt Geeta & anr Vs. Bheema Gurjar and anr., whereby Revision Petition of respondent-wife was allowed and order dated 21.04.2010 passed by learned Judicial Magistrate, Kotdi (Bhilwara) was modified to the extent that the petitioner-husband was directed to make payment of maintenance allowance to respondent-wife and their daughter from the date of making application under section 125 Code Criminal Procedure before learned Magistrate.

(2.) Briefly stating facts of the case are that respondent-wife and her daughter preferred an application under section 125 Code Criminal Procedure against petitioner-husband before learned Judicial Magistrate, Kotdi on 17.11.2005. In the application, it was averred that the applicant was married to petitioner, in the marriage her parents gave 'stridhan' etc and out of the wedlock, one daughter (Kailashi) born to them. After the marriage, behaviour of the petitioner-husband became cruel towards her, she was being harrassed & tortured with demand of dowry and ultimately, on 26.09.2005, she was expelled from matrimonial home. The applicant-wife with their daughter is presently residing with her parent at her parental house in village- Gurjaron Ka Nohra (Jawal) and the petitioner-husband is not discharging his maintenance obligation for them. The petitioner-husband is quite rich, he has residential house and his income is more than Rs. 30,000.00 per month.

(3.) In reply, the petitioner-husband contended that after the marriage, the applicant-wife used to live at her parents house and under influence of her parents, she deliberately avoids coming to matrimonial home despite giving understanding and he has also filed an application under section 9 of the Hindu Marriage Act for restitution of conjugal rights and he is ready & willing to stay in relation and live in company with the applicant-wife.