ABHAY KUMAR Vs. SADHNA

JUDGEMENT

(1.) THE applicant herein is the husband of the respondent. He has preferred this revision petition against the order dated 23-9-2004 passed by VIIIth Additional Sessions Judge, Ujjain in Criminal Revision No. 77/2004 whereby order of the Judicial Magistrate, First Class, Mahidpur dated 3-3-2004 passed in Cri. Misc. Case No. 64/2003 has been upset and the applicant has been directed to pay a sum of Rs. 1,000. 00 per month by way of maintenance to the respondent under the provisions of Section 125 of the Code of Criminal Procedure (for short "code" hereafter ).

(2.) THE respondent moved for maintenance under Section 125 of the Code alleging that the applicant within no time of her marriage with him sent her back to her parental home as she did not agree to get his demand for more dowry and cash fulfilled by her parents. While he returned her also falsely charged her of complete seclusion with him on nuptial night as she informed of her being already married to another person in GANDHARVA form. She was also wrongly charged of threatening the applicant that in case he tried to touch her she would end her life.

(3.) THE applicant denied the charges made against him. He pleaded that due to respondent's unusual cruel behaviour he not only had to call her relations and return her but also to report those facts to police to secure him from any untoward incident. He also served her with notice of the above cruelty from her side.