BHONA Vs. MST. NOSAR

JUDGEMENT

(1.) This Criminal Miscellaneous Petition filed under Sec. 482 Criminal Procedure Code. is directed against the order dated 26.6.2004 passed by Additional Sessions Judge No. 1, Chittorgarh in Criminal Revision No. 62/2004-Bhona Vs. Smt. Nosar , upholding the order of learned Civil Judge (Jr. Div.) and Judicial Magistrate, Chittorgarh dated 28.2.2004 passed in Criminal Miscellaneous Case No. 37/1998-Smt. Nosar Vs. Bhona , allowing the application filed by Smt. Nosar-under Sec. 125 and granting maintenance O Rs. 2,000.00 per month.

(2.) Necessary facts, for the disposal of this petition, may be stated like this that non-petitioner Nosar moved an application for maintenance under Sec. 125 Criminal Procedure Code. before the learned trial Court on 22.1.1998 stating inter alia therein that she was married wife of petitioner and they had lived together for 20 years but subsequently as there was no issue out of the wedlock, therefore, the petitioner started harassing her and used to beat and maltreat her, ultimately turned her out therefore, she went to her parent's house but the petitioner did not bother to take care of her. It was also stated in the petition that the petitioner is having 40 bighas of land which is irrigated by two tube wells and out of this he has yearly approximate income of Rs. 1 lac. It was also stated in the complaint that infact the earlier wife of petitioner was allowed to live in the house and in the circumstances narrated in the application it had become impossible for her to live with the husband who had turned her out, therefore, the petition for maintenance was moved claiming maintenance of Rs. 500.00 per month.

(3.) In reply to the application, it was submitted by the petitioner that the land which he is having is only 10 to 12 bighas. The factum of marriage was denied completely. He asserted that Mst. Pyari is his legally wedded wife and non-petitioner Nosar never lived with him. It was prayed that the petition for grant of maintenance be dismissed.