R P.SHUKLA, J. - (1.) THIS Criminal Revision is directed against the judgment and order dated 23 -1 -1984 passed by third Additional Sessions Judge, Bulandshahar in Criminal Revision No. 200 of 1983, Salimuddin v. State of U. P. and others setting aside the judgment and order dated 26 -9 -1983 passed by the First Additional Judicial Magistrate in case No. 761 of 1982 Smt. Jaitoon v. Salimuddin, under section 125 of the Code of Criminal Procedure.
(2.) SMT . Jaitoon, hereinafter called as the applicant applied for maintenance in the court of First Addl Judicial Magistrate, Bulandshahar, alleging that she was legally wedded wife of Salimuddin, the respondent and a female child was borne out of this wedlock who later died. Thereafter she could not bear any other child and hence her husband started treating her cruelly. On 1 -3 -1982 he told her that he would not maintain her any more and that he wanted to contract a second marriage. On her refusal to go back to her parents he gave her beating with Lathi and Stick. The neighbours intervened along with her maternal uncle Shamsher. She sent for her father who came from Bulandshahar. Salimuddin also misbehaved with her father and turned her out after having relieved her of her ornaments and clothings. She left with her father in rags and she made a report in the police station and got herself medically examined. Seven or eight days after this incident her father alongwith some other persons went to persuade Salimuddin for re -conciliation but Salimuddin did not agree. The applicant further alleged that the income of Salimuddin was Rs. 3,000 per month and she claimed Rs. 300 per month as maintenance for herself.
(3.) THE applicant in support of her case besides herself examined Nazir, Abdul Hafiz, Dr. O. N. Srivastava, who had medically examined her on 2 -3 -1982 and found seven injuries on her person and Constable Mahabir Singh, who proved the first information report lodged by her. Salimuddin, the respondent filed his written statement on 6 -5 -1982 admitting that the applicant was her wedded wife alleging that it was the applicant who refused to live with him and that he was still willing and ready to maintain her as his wife, He has said in his written statement that he worked as a Carpenter and his monthly income was only Rs. 400 per month. Salimuddin, besides himself, examined one Jumna to support his case. That facts that the applicant was the wife of Salimuddin and that a female child was borne to her and died and that thereafter she could bear no other child and that the applicant was living separately from 1 -3 -1982, have not been disputed. After having considered the evidence of the parties the magistrate found that the behaviour of the respondent, Salimuddin, was cruel towards the applicant and he neglected to maintain the applicant. He also found that the applicant was justified in living separately because of the cruelty of her husband and that she was unable to maintain herself and he awarded Rs. 150 per month from the date of application i.e 7 -4 -1982 as maintenance.;