RAJENDRA BAHADUR SINGH Vs. SMT. HEMWANTI & ANOTHER

JUDGEMENT

(1.) This criminal revision has been filed against the judgment and order dated 28.01.2002 passed by the Sessions Judge, Sonbhadra, allowing Criminal Revision No. 6 of 2000 (Hemwanti vs. Rajendra Bahadur Singh) filed against the order dated 16.11.1999 passed by the Civil Judge (J.D.)/Magistrate, Robertsganj, District Sonbhadra in Criminal Case No. 2 of 1996 under Section 125 Cr.P.C., filed by Hemwanti Devi against her husband Rajendra Bahadur Singh.

(2.) I have heard learned counsel for the parties and gone through the material on record.

(3.) It appears that Smt. Hemwanti Devi filed an application under Section 125 Cr.P.C. claiming maintenance, alleging that marriage had taken place 12 years back but husband had married one Meera Devi and turned Smt. Hemwanti Devi out of his house six months back and since then she has been living at her father's house. She has no source of income. A sum of Rs. 500/- per month was claimed as maintenance. Husband- Rajendra Bahadur Singh filed written statement denying the allegations. He admitted that marriage had taken place fifteen years back. She has been visiting her brother-in-law (sister's husband) and her parents without the permission of the opposite party, used to remain away from the house of the husband for months together, as such, her conduct is not good. She had left his house nearly 12-13 years ago and despite efforts, she did not come back. No harassment was caused to her. Moreover, he has no sufficient income to provide maintenance to her.