ANITA Vs. DHARAMRAJ

JUDGEMENT

(1.) THE instant criminal revision petition under Section 397 read with Section 125 Cr. P. C. is directed against the judgment dated 17-10-2006 passed by the Special Judge, SC/st (Prevention of Atrocities Cases), Jhalawar in Criminal Revision No. 102/2005, whereby the criminal revision filed by the respondent-husband against the order dated 08. 08. 2005 passed by the Judicial Magistrate (First Class), Khanpur, District Jhalawar in Criminal Misc. Case No. 179/2003, has been allowed and the said order dated 08. 08. 2005 passed by the trial Court granting maintenance in favour of the petitioners has been reversed.

(2.) BRIEF facts of the case are that the petitioner No. 1 Smt. Anita and respondent Dharamraj got married in 'samuhik Vivah Sammelan' at village Kanvas, District Kota and thus petitioner No. 1 is legally wedded wife of the respondent Dharamraj and out of their wedlock, petitioner Nos. 2 and 3 Kaushal and Pradeep born. She was living with the respondent quite happily and was performing her domestic duties, but after some time the respondent and his family members started demand of dowry and she was physically and mentally tortured and harassed and was not provided food and clothes. In the month of January, 2003 the petitioner No. 1 was threatened and thrown away from the house by the respondent-husband. It is also alleged that the respondent has remarried with Badri Bai in July, 2003 without taking divorce from the petitioner No. 1 by way of NATA marriage. Since then the petitioner and her minor sons are living with her parents and she is not having any source of income for herself or for her minor sons and, therefore, she filed an application under Section 125 Cr. P. C. before the Court of Judicial Magistrate, Khanpur for maintenance.

(3.) AFTER referring sub-section (4) of Section 125 Cr. P. C. , the learned counsel for the respondent further submits that since the petitioner-wife is living separately at her own will and refused to live with her husband, therefore, as per the provisions of Section 125 Cr. P. C. , she is not entitled to receive any maintenance.