AMAR SINGH CHAUHAN,J. - (1.) This criminal revision has been filed against the order dated 30.10.2010 passed by the Principal Judge, Family Court, Jhansi in Case No. 302 of 2009 whereby the application moved under section 125 Cr.P.C. by the revisionist-Smt. Nidhi Jain was rejected.
(2.) However, by the same order dated 30.10.2010, learned Judge allowed maintenance to revisionist Nos. 2 and 3 Shreyash Jain and Aditya Jain, minor sons of the revisionist and opposite party No. 2 at the rate of Rs. 2000/- (rupees two thousand) per month each from the date of order, which is not under challenge in this revision.
(3.) The facts which are requisite to be mentioned for adjudication of this revision are that an application under section 125 of Code of Criminal Procedure was moved by the applicant-revisionist Smt. Nidhi Jain for herself and on behalf of her minor sons Shreyash Jain and Aditya Jain to the effect that her marriage took place with opposite party-Devesh Jain on 10.5.2003 as per Jain rites. Her husband Devesh and his family members were not satisfied with the dowry and they used to misbehave with the applicant. From their wedlock two sons were born. Devesh-opposite party filed a suit for divorce under section 13 of the Hindu Marriage Act, but thereafter matter was compromised and they used to live together as husband and wife. After some times again, opposite party filed a suit for divorce and tortured her to the extent that it became impossible for the applicant to live in her in-laws house. On 18.8.2009 applicant No. 1 along with her minor sons were kicked out of the house and since then she is dependent upon her parents. It is also alleged in the application that opposite party is a businessman and earns Rs. 1,00,000/- (rupees one lac) per month. In addition thereto he also earns Rs. 50,000/- (rupees fifty thousand) from flour mill.;