Rajesh Chandra, J. - (1.) The husband Anil Kumar Nigam (hereinafter referred as opposite party) has filed this revision against the judgment and order dated 20.4.2002 passed by Civil Judge (Jr. Div.)/Magistrate Ist Class Mahoba, allowing maintenance of Rs. 3500/ - per month to the Opp. Party -wife Smt. Neeraj (hereinafter referred as applicant) from the date of application moved under Sec. 125 Code of Criminal Procedure.
(2.) In brief, the facts of the case are that Smt. Neeraj moved an application against her husband Anil Kumar Nigam under Sec. 125 Code of Criminal Procedure for monthly maintenance of Rs. 5,000/ -. She inter alia alleged that the marriage had taken place about one year before the filing of the application but after the marriage, she was being harassed and teased for demand of dowry. She was beaten off and on and ultimately was turned out from her marital home and since then she is living at her parental house and is unable to maintain herself. The husband is a teacher a and is earning Rs. 9,000/ - per month as salary. Moreover, his father is having 85 bighas of irrigated agricultural land from which the revisionist is having an earning of Rs. 2.5 lakhs per year.
(3.) Opposite party Anil Kumar Nigam filed his objections and admitted the marriage. He, however, denied that any demand of dowry was made or the applicant was subjected to any ill treatment or harassment. His contention is that the applicant -wife Smt. Neeraj was always insisting upon the husband to live separately from his parents and when he did not subscribe to this wish she started living with her parents. He admitted that he is employed as teacher but denied that he is having any agricultural income. He also contended that the applicant is having M.A. degree and is earning Rs. 2,000/ - per month by doing tuition.;