RADHEY SHYAM Vs. MEERA DEVI

JUDGEMENT

(1.) SINCE both these Revision Petitions U/s 397 Cr.P.C. arise out of the same order of the learned Addl. Sessions Judge dated April 9, 1992 passed U/s 397 Cr.P.C. whereby the learned Addl. Sessions Judge reversed the order passed by the learned Addl. Chief Judicial Magistrate, Kishangarh Bas, Alwar, in Criminal Case No. 65/1990 dismissing respondents' application U/s 125 Cr.P.C. for grant of maintenance to them, these were heard together and are being disposed of by this common order. The main order shall be placed on the file of S.B. Cr. Revision Petition No. 100/92 Radheyshyam v. Smt. Meera Devi and another and a copy thereof shall be placed on the file of the other petition.

(2.) RESPONDENT Smt. Meera Devi and her minor son Satyanarain had filed an application U/s 125 Cr.P.C. in the court of Addl. Chief Judicial Magistrate, Kishangarh Bas, Alwar on 7.12.1990 alleging herein that Smt. Meera Devi was married to Sh. Ram Avtar petitioner on 10.9.1978 according to the tenets of Hindu Religion, that the wedlock produced a male issue, Satyanarain respondent No. 2, for them but after the birth of Satyanarain the relations between the husband and wife deteriorated and became strained and in September 1985 Smt. Meera Devi was turned out of her matrimonial house and since then she had been living, alongwith her minor son, with her father. It was further alleged that Ram Avtar respondent, despite having sufficient means to maintain his wife and minor son, neglected to maintain them. The respondents, therefore, prayed that Smt. Meera Devi be granted maintenance allowance at the rate of Rs. 500/ - p.m. and Satyanarain, minor son, be granted maintenance allowance at the rate of Rs. 400/ - p.m. from the date of the application.

(3.) THE learned trial court after considering the evidence of the parties produced before him held that Sh. Ram Avtar, petitioner was a mentally disabled person, that he was having no sufficient means even to maintain himself, that he was dependent for his maintenance upon his elder brother, Shri Radhey Shyam, that Smt. Meera Devi had left the company of Ram Avtar of her own and did not want to live with him. The learned trial court, therefore, held that Ram Avtar respondent was neither having sufficient means to maintain the respondents nor did he neglect to maintain them. Holding thus the learned trial court dismissed the petition of the respondents.