BALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. is directed against the order dated 26.10.2005 passed by Special Judge, SC/ST Cases, Pratapgarh (for short 'the revisional Court' hereinafter) in Revision No. 14 of 2005, Balu v. Smt. Bali & Anr., whereby the order dated 10.11.2004 passed by ACJM, Pratapgarh (for short 'the trial Court' hereinafter) in Case No. 229/1999, Bali v. Balu granting maintenance to the petitioner at the rate of Rs. 500/- per month, was set aside.

(2.) Heard learned counsel for the parties.

(3.) Learned counsel for the petitioner filed an application under Section 125 Cr.P.C. in the Court of Judicial Magistrate, Pratapgarh and alleged that she was married to non-petitioner but non-petitioner used to beat her on account of shortage of dowry, her hand was broken and now she is residing with her parents and non-petitioner has contracted "Nata" marriage with Gattu, she has no means of maintenance, whereas non-petitioner has 20 bighas of land and two wells and earns Rs. 3,00,000/- per year, hence she may be awarded maintenance.