SANTOSH TOMAR Vs. RAJESH SINGH TOMAR

JUDGEMENT

(1.) APPLICANT has preferred this revision under Section 397 read with Section 401 Cr.P.C. for setting aside the order dated 16.2.2008 passed by Principal Judge, Family Court, Gwalior in Case No. 225/06, by which the application filed by the applicant for grant of maintenance under Section 125 Cr.P.C. has been rejected.

(2.) THE facts in nutshell are that the applicant has filed one application under Section 125 Cr.P.C. in the Court of Principal Judge, Family Court, Gwalior on the ground that she is married with respondent Rajesh Singh Tomar. Respondent and his family members used to harass and torture her with respect to demand of dowry. They also attempted to kill her. On 10/1/2004, they kicked her out from her matrimonial house and since then, she is residing in her parental house. She has no independent source of income and there is no arrangement for her livelihood and she is unable to maintain herself. Respondent is having sufficient source of income, though he is not maintaining her. He is having source of income from agriculture and is also driving tractor, hence Rs.4000/ -maintenance is to be awarded to her. That application has been rejected by Principal Judge, Family

(3.) IT is contended by learned counsel for the applicant that applicant has proved that she has been ill -treated due to demand of dowry and she was kicked out from matrimonial home and is dependent upon her father. The learned trial Court has not considered the evidence. It is further submitted that in compelled circumstances applicant is residing separately and case under Section 498 -A is also registered. The learned trial Court has wrongly come to the conclusion that she is living in adultery, hence order of trial Court is illegal, improper and deserves to be set aside.