V.D.CHATURVEDI, J. - (1.) THIS criminal revision has been filed only against that part of the judgment and order dated 13.12.1999 whereby the Judge of Family Court, Allahabad has dismissed the revisionist's petition No. 365 of 1991 (filed under Section 125, Cr.P.C.) for her maintenance. The order awarding maintenance to Bulbul (the son of the revisionist) at the rate of Rs. 400/ - per month is not assailed.
(2.) THE relevant facts are briefly that Smt. Gomti (Revisionist) along with her minor son Bulbul filed petition No. 365 of 1991 under Section 125, Cr.P.C. against her husband Ramanand (herein respondent) for maintenance allowance on the ground that her marriage with Ramanand took place in her childhood; that her Gauna was held about six years back from the date of the petition (petition filed on 5.4.1990); that Ramanand and his family members demanded a buffalo and the cash; that on failure to fulfill their demands she was ill treated; that her illiteracy and her dark complexion were also the reasons for subjecting her to cruelty; that out of their conjugal relationship she gave birth to a male child named Bulbul, who was four years old at the time of filing the petition; that Ramanand (respondent) had beaten her and turned her out of his house retaining her ornaments; that she was unable to maintain herself and her child; that Ramanand was Hindi typist in clerical grade in the Education Directorate, Allahabad and was earning Rs. 1,600/ - per month and also had an annual income of Rs. 25000/ - from agricultural sources.
(3.) RAMANAND (Respondent No. 1) stated in his written statement that he was married with Smt. Gomti but their Gauna was held in 1983 and thereafter she lived with him with several intervals, for a total period of two years; that O.P. Ramanand was a student at that time and he devoted much of his time to his studies; that Smt. Gomti did not like to do the domestic work at his house hence she rarely lived with him; that whenever he went for her Bida she refused to go with him; that Smt. Gomti declared him as impotent and quarreled with him whenever he made efforts for her Bida; that she declared him "impotent" even at the Panchayat; that the Panchayat gave the verdict for dissolution of their marriage; that she gave birth to an illegitimate child due to her loose character; that after the verdict of the Panchayat she was residing with another person under a 'Baithaki' which was recognised in his 'Pasi' community; that the petition was filed to blackmail O.P. Ramanand. After the trial, the Judge, Family Court awarded the maintenance allowance to Bubul (minor son) at the rate of Rs. 400/ - per month, but dismissed the petition regarding the maintenance to the petitioner Smt. Gomti on the grounds that the Panchayat had given a verdict of dissolution of the marriage hence there was no relationship of husband and wife between them and that she herself deserted her husband due to his own misbehaviour. The Judge, Family Court found that the income of Ramanand as clerk in the Education Directorate, was Rs. 3,000/ - per month.;