Vijay Bishnoi, J. - (1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners with a prayer for setting aside the order dated 03.06.2013 passed by Additional Sessions Judge, Bali, District Pali (hereinafter referred to as 'the revisional court') in Criminal Revision Petition No. 40/2008 filed on behalf of the respondent No. 2. The revisional court vide order dated 03.06.2013 has partly allowed the revision petition filed by the respondent No. 2 and set aside the order dated 31.03.2008 passed by the Additional Chief Judicial Magistrate, Bali, District Pali (hereinafter referred to as 'the trial court') up to the extent of awarding maintenance to the petitioner No. 1 to the tune of Rs. 750/ - per month.
(2.) BRIEF facts of the case are that the petitioners had moved an application under Section 125 Cr.P.C. before the trial court. The trial court vide order dated 31.03.2008 accepted the application under Section 125 Cr.P.C. filed by the petitioners and directed the respondent No. 2 to pay maintenance to the petitioners to the tune of Rs. 1000/ - per month (Rs. 750/ - to the petitioner No. 1 and Rs. 250/ - to the petitioner No. 2). In the application under Section 125 Cr.P.C. the petitioner No. 1 alleged that after her marriage with the respondent No. 2, he treated her well for some time but later on started abusing and beating her in drunken state. It is further alleged that when she was pregnant by two months, the respondent No. 2 assaulted her in drunken state, therefore, she left her husband's house and started living at her father's house. It is further alleged that though she has been residing at her father's house for about one and a half years but the respondent No. 2 is not taking care of her and threatening to kill her after consuming liquor. It is stated in the application that father of the respondent No. 2 is an employee of railways whereas the respondent No. 2 is working as a Teacher in a private school. It is further alleged in the application under Section 125 Cr.P.C. that on 18.12.2005 the respondent No. 2 had come to her father's house in drunken state and started quarrelling and then the police from Police Station, Bali District Pali was called and the respondent No. 2 was arrested by the police. It is also stated in the application under Section 125 Cr.P.C. that the father of the petitioner No. 1 is a poor person and, therefore, it is very difficult for the petitioners to maintain themselves and, therefore, the respondent No. 2 be directed to pay maintenance to them to the tune of Rs. 2000/ - per month.
(3.) THE respondent No. 2 had filed reply to the application under Section 125 Cr.P.C. and denied the allegations levelled against him, and contended that the petitioner No. 1 left his house on her own and she is capable to maintain herself as she is working as a Teacher in a private school. It is also stated by respondent No. 2 that the petitioner No. 1 passed B.A. examination while living with him and after giving birth of the petitioner No. 2, he was not permitted to see him and was humiliated. It is alleged that after birth of the petitioner No. 2, he along with his family members had tried to bring the petitioners to his house, but the parents of the petitioner No. 1 had refused to send her with him. It is also alleged that the respondent No. 2 is unemployed, whereas the petitioner No. 1 is B.A. pass and wants to do job and though he is ready to keep the petitioners with him, but she did not accompany him. It is contended that the petitioner No. 1 is earning around Rs. 2000/ - per month by teaching job and tuition and, therefore, the application under Section 125 Cr.P.C. may be dismissed.;