Decided on May 27,2013

Mahadev Bharti Appellant
Savitri Bai Alias Savitri Bharti Respondents


- (1.) An application under Section 125 of Cr.P.C. was moved by the respondent Savitri Bai alias Savitri Bharti against revisionist husband Mahadev Bharti for awarding maintenance before the learned Judge, Family Court, Dehradun.
(2.) In the application, it was stated that the respondent was married to revisionist on 27.07.1974 in Mirzapur, Uttar Pradesh according to Hindu religion and rites. Three children were begotten out of said wedlock. All the three children have now attained the age of majority. The respondent was ill treated by the revisionist. On 10.05.1987, kerosene was poured on the respondent and an attempt was made to set her on fire. On 14.05.1987, the respondent was ousted from her matrimonial home. The petitions under Section 13 and 24 of the Hindu Marriage Act were instituted. A compromise took place between husband and wife. The respondent wife started living with her revisionist husband since 2002, but again the revisionist started harassing the respondent. The respondent wife was again ousted from her matrimonial home in September 2002. The respondent wife was owner of a house situated at 28, Kanwali Road, Balliwala Chowk, Dehradun, which was constructed by the parents and brother of the respondent. The said property was earlier let out to the tenant, but now no tenant is ready to live in the house because of the trouble created by the revisionist. The revisionist neglected and refused to maintain the respondent, who has no sufficient means. According to the respondent, the monthly income of the revisionist was Rs. 15,500/- and he could easily afford to pay Rs. 5,000/- as maintenance to the respondent.
(3.) The revisionist, although admitted marriage with the respondent, but denied other averments made in the application under Section 125 of Cr.P.C. The revisionist has stated, among other things, that the respondent earned Rs. 3,000/- per month as rent. She has other income also, in as much as, she is a social worker. In para 16 of the written statement, the revisionist said that his basic salary was Rs. 10, 725/- per month and his take home salary was Rs. 5,952/- per month. It was also pleaded by the revisionist husband that he was willing to keep the respondent wife alongwith him.;

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