Mohd. Yamin, J. - (1.) This is a revision petition under Sec. 19(4) of the Family Court Act, 1948 against the order dated 25.2.1994, passed by learned Judge of the Family Court, Jodhpur.
(2.) In brief, the facts of the case are that Smt. Sumitra was married to Budha Ram on 6.5.1990 according to Hindu customs and rites. Both of them lived together happily but after two months of the marriage the relations of inlaws side of sumitra started taunting her about dowry. She complained to her mother who advised to keep silence, Later on Budha Ram, the husband, and his relations used to give her beatings. Her mother sent some money to her clandestinely on three occasions. It amounted to Rs. 5000/-. Smt. Sumitra gave birth to two children and one of them expired. The living child was born on 22.8.1992. On 5.5.1992 the husband and other relations of the husband asked her to bring Rs. 30000/- from her father! She was threatened that in case she would not bring the money Budha Ram would contact second marriage. She refused to comply with such instructions and then she was given beating by the husband and his relations and she was truned out. Case No. 158/93 under Sec. 498A, IPC relating to this incident is pending before learned Chief Judicial Magistrate, No. 4, Jodhpur. She has been living with her parents from 5.5.1992 and is also keeping her minor daughter. The husband has a sweet meat shop and earns Rs., 10,000/- per month while Smt. Sumitra is an illiterate lady and is dependent on her parents. She claimed maintenance of Rs. 1000/- per month for herself and her daughter under Sec. 125 CrPC. She also filed a petition for interim maintenance with similar allegations.
(3.) Husband Budha Ram submitted reply on 23rd November, 1993 wherein he submitted that allegations of ill treatment are false, that Smt. Sumitra was living with her parents on her own accord and she refused to live with the husband who was ready to keep her. He has also averred that his father has a small tea shop and he works there. The monthly income from the shop is Rs. 1800/-. His father and whole family comprising of 7 persons is dependent on this meagre income while Smt. Sumitra has taken training in tailoring work and she has been doing the work of stitching salwar-suits, petticots etc. It has been averred that the petitioners are not entitled for any interim maintenance.;