RAJU ALIAS RAJENDRA Vs. PUSHPA DEVI

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner. This petition under Section 482, Cr. P.C. is directed against the order dated 1st July, 1996 passed by the learned Additional Sessions Judge, Bikaner in Criminal Revision No. 19/95 Raju alias Rajkumar v. Mst. Pushpa Devi and another, whereby the learned Additional Sessions Judge, Bikaner dismissed the revision petition and confirmed the order dated 9th January, 95 passed by the learned Civil Judge (Sr. Division) and Chief Judicial Magistrate, Bikaner in Criminal Misc. Case No. 88/91 Smt. Pushpa Devi v. Raju alias Rajkumar.

(2.) By the aforesaid order dated 4th January, 95, the learned Chief Judicial Magistrate allowed the application filed by Smt. Pushpa u/S. 125, Cr. P.C. for grant of maintenance to her and her minor son and awarded maintenance allowance at the rate of Rs. 200/- per month to Smt. Pushpa Devi and maintenance allowance at the rate of Rs. 150/- per month to Nathu.

(3.) According to the averments made in the application filed u/S. 123, Cr. P.C. by Smt. Pushpa Devi for grant of maintenance to her as well as her minor son Nathu, her marriage took place with Raju alias Rajkumar in the year 1984 according to Hindu rites. After her marriage, she lived for about 8 years with her husband and during this period, she gave birth to Nathu. A daughter was also born to her during the aforesaid period, but she expired. It was further stated in the application that after the birth of two children, her husband started treating her with cruelty and often insulted her on account of the Naik caste. In short, the allegations were that Raju alias Rajkumar treated Smt. Pushpa Devi with cruelty and neglected to maintain her as well as minor son. In support of her submission that she was the legally married wife, she filed a photograph (Ex. D/2).