SAVITA BAI Vs. PRAHLAD

JUDGEMENT

(1.) THE applicant has filed the present petition under Section 482 of Cr.P.C. against the order dated 12.7.2004 passed by the Judicial Magistrate First Class, Gadarwara in M.Cr.C. No.94/02, whereby the maintenance application filed by the applicant was dismissed. The applicant has also challenged the order dated 1.8.2005 passed by the learned Additional Sessions Judge, Gadarwara in Criminal Revision No.16/05, whereby her revision against the order passed by the J.M.F.C. was also dismissed.

(2.) FACTS of the case, in short are that, the applicant had moved an application under Section 125 of Cr.P.C. before the J.M.F.C. Gadarwara with the pretext that her marriage took place with the respondent in the year 2001. In her marriage, T.V. fan, watch, bicycle and a cash of Rs.10,000/ were given to the respondent. She was kept for eight days with the respondent and she was harassed for dowry demand etc. a satire made upon her that her father was not a reputed person. One Moped and a sum of Rs.10,000/ was demanded from her. Her ornaments were taken by the family members of the respondent and she was sent to her parents' house and thereafter, she is residing with her parents therefore, by computation her dependency and income of the respondent, an application under Section 125 of Cr.P.C. was filed to get the maintenance of Rs.2500/ .

(3.) THE learned J.M.F.C. after considering the evidence adduced by both the parties found that the applicant had no reason to get the maintenance without living with the respondent and therefore, the application was dismissed. The revision filed by the applicant was also dismissed on 1.8.2005.