RATAN LAL Vs. DHAPUBAI

JUDGEMENT

(1.) THIS revision has been filed by the applicant being aggrieved by the order dated 20th February, 2001 passed by IIASJ Neemuch (Sessions Division, Neemuch) passed in Criminal Revision No. 169/2000 setting aside the order dated 31st May, 2000 passed by the Judicial Magistrate, First Class, Neemuch in Misc. Criminal Case No. 4/1999 thereby allowing the application of the non-applicant wife for grant of maintenance at the rate of 1,000/- per month from the date of the application dated 8th January, 1999. It was also ordered for arrears of maintenance payable in 4 equal instalments commencing from 1st March, 2001. The Revisional Court has also ordered for grant of 500 rupees towards cost of the litigation.

(2.) THE factual matrix giving rise to this revision is as follows : The non-applicant Dhapubai filed an application dated 8. 7. 1999 under Section 125 of the Code of Criminal Procedure for grant of maintenance being legally wedded wife, before the Judicial Magistrate, First Class. According to her, she got married with the applicant before 40 years and blessed with a daughter named Kailasibai, who also got married. The applicant Ratan Lal started giving ill-treatment after consuming liquor and turned her out from the house 15-16 years before. Thereafter, she was residing in Neemuch. She had also contended that the applicant entered into second marriage with one Laxmibai and out of their wedlock 2 daughters and 2 sons were born. After turning out Dhapubai, her husband Ratanlal did not even care for her maintenance. She was dependent upon her daughter Kailasibai. Dhapubai served a notice on the applicant but was of no avail. According to her, the applicant is a person having sufficient means by irrigated agricultural lands, therefore, was capable to pay Rs. 2,000/- per month towards maintenance to her. In counter to the application of the wife, applicant denied her allegation and submitted that she herself had deserted him without any cause. She had taken golden and silver ornaments as also cash of 35,000/- rupees from his house. She did not discharge her duties as wife and after taking ornaments and cash started residing at her own, in her parental house in village Malhargarh. She constructed a house and also running a grocery shop in the name and style of 'gayatri Kirana Stores'. By doing this business, she is earning monthly Rs. 500/ -. She had also taken cash amount, fallen in the share of the applicant/ husband whereas her husband is earning his livelihood by doing labourer job and now he is about 60 years of age and somehow is earning Rs. 500-600 monthly. He submitted that on the contrary, the non-applicant/wife is able to maintain the applicant.

(3.) THE Judicial Magistrate, First Class, after examination of the statements of both the parties, rejected the application of the wife/non-applicant Dhapubai on the ground that she was able to maintain herself which is evident from the fact that she was maintaining herself since 17-18 years. The Trial Court has given finding about the second marriage of the applicant Ratanlal.