Ram Autar Singh, J. - (1.) This revision has been filed against the judgment and order dated 25.6.2008 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 13, Deoria in Case No. 240 of 2006 (Smt. Poonam Jaiswal @ Meenu and Anr. v/s. Ashutosh Kumar Jaiswal), wherein the application moved under Sec. 125 Code of Criminal Procedure for maintenance allowance has been partly allowed and sum of Rs. 500/ - per month as maintenance allowance has been awarded to the revisionist No. 2 Adarsh Jaiswal with effect from the date of order.
(2.) It transpires from the record that the application under Sec. 125 Code of Criminal Procedure was moved by the revisionists for their maintenance allowance against Respondent No. 2 Ashutosh Kumar Jaiswal with this allegation that the marriage of revisionist No. 1 with Respondent No. 2 took place on 23.2.1999 and out of their wedlock revisionist No. 2 Adarsh Jaiswal was born and thereafter the Respondent No. 2 made demand of Rs. 1 lac as dowry and on account of no fulfillment of demand Respondent No. 2 started to deal revisionist No. 1 with cruelty and ultimately he expelled her from his house on 15.8.2001, while she was pregnant and thereafter she came to the house of her father in District Deoria. It was further mentioned in the application that her husband was drawing Rs. 8000/ - as his salary by doing job in postal department and thus he deliberately neglected to maintain her.
(3.) The Respondent No. 2 denying allegations in his written statement admitted that he was married with the revisionist No. 1 on the said date but he never expelled her from his house rather she left his house with her own consent and she started to live separately without any sufficient cause, while the Respondent No. 2 filed petition No. 931 of 2001 for restitution of conjugal rights in the court of Civil Judge (S.D.), Basti, but she did not agree to live with him. The learned trial court on the basis of evidence, record and circumstances dismissed the claim of revisionist No. 1 but allowed maintenance allowance for revisionist No. 2, aggrieved by which, the revisionist filed this revision.;