SUNDER LAL Vs. NISHA DEVI

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. is directed against order dated 27.2.2008 passed by learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr in Revision Petition No. 9 of 2007 modifying the order dated 28.5.2007 passed by learned Sub Divisional Judicial Magistrate, Rampur Bushahr in case No. 13 -4 of 2006. The facts in brief are that respondent had filed a petition, under Section 125 Cr.P.C. for grant of maintenance on the ground that she is the legally wedded wife of petitioner. The marriage between the parties was solemnized in February 2005. The respondent resided with petitioner in matrimonial home till January 2006, even though after about one month from the date of solemnization of the marriage, the petitioner started maltreating the respondent. He demanded dowry from the respondent and also put pressure on respondent to sell her share in immovable property. The behaviour of the petitioner with the passage of time became harsh and he started giving beatings to the respondent. On 12.1.2006, the petitioner came to the house under the influence of liquor and gave beatings to the respondent. The respondent spent whole night in the cowshed. The petitioner is a chronic drinker. The respondent has no independent source of income. The petitioner is working as pharmacist and is drawing Rs. 12000/ - per month salary. He has landed property including two apple orchards from where he has income more than Rs. 2,00,000/ - per annum.

(2.) THE application was contested by the petitioner by filing reply. It has been stated that respondent of her own left matrimonial home on 12.1.2006 without the consent of the petitioner. The petitioner never compelled the respondent to dispose of her property. The allegations of beatings and ill -treatment attributed to petitioner were denied. It has been stated that petitioner is not earning more than Rs. 6,000/ - per month. The learned Sub Divisional Judicial Magistrate on 28.5.2007 has allowed the petition and awarded Rs. 2,700/ - per month maintenance from the date of application to the respondent. In addition, litigation expenses Rs. 3,000/ - were also allowed. The order dated 28.5.2007 was assailed in revision, which was partly allowed by the learned Sessions Judge on 27.2.2008. The learned Sessions Judge granted maintenance Rs. 2,000/ - per month from the date of application and litigation expenses were also reduced from Rs. 3,000/ - to Rs. 2,000/ -, hence petition under Section 482 Cr.P.C.

(3.) AW 2 Kishori Lal on the basis of record has stated that gross salary of the petitioner in November 2008 was Rs. 8,087/ -. He has proved salary certificate Ex. PW 2/A. RW 1 Sunder Lal has stated that after deduction he is drawing Rs. 4,500/ - per month salary. He has employed a servant for looking after his land whom he is paying Rs. 2,700/ - per month. He has a son from his first wife, his first wife had died on 14.9.2004. In cross -examination he has admitted that after 12.1.2006 he has not paid any maintenance to respondent.