A divorced wife can claim maintenance under Section 125 Cr.P.C. even if she was found guilty of desertion, as the bar under Section 125(4) is lifted after divorce.

JUDGMENT :

Ram Manohar Narayan Mishra, J.

1. Short counter affidavit filed on behalf of the respondent No.2 is taken on record.

2. Heard learned counsel for the revisionist, learned counsel for the respondent No.2 and learned A.G.A. for the State-respondent and perused the material available on record.

3. The instant Criminal Revision has been preferred against the order dated 14.08.2023 passed by learned Additional Principal Judge, Family Court No.2, Meerut in Maintenance Case No.292 of 2014, under Section 125 Cr.P.C., Police Station Sarurpur Khurd, District Meerut. Whereby the application under Section 125 Cr.P.C. has been dismissed.

4. Learned counsel for the revisionist has submitted that revisionist is original applicant before the court below and she has filed an application for maintenance before the learned Principal Judge, Family Court, Meerut on 02.04.2014 with averment that revisionist was married with opposite party, Ravindra Singh on 09.04.2008 according to Hindu rites and rituals, in which, her father had spent around Rs.8 lakh. Opposite party No.2 resides at the place of maternal grand-father situated at village- Daha, Police Station Doght, District Baghpat. The marriage ceremony was performed by his maternal uncle and she was sent off to the place of maternal uncle of opposite party after marriage where she was residing. The couple is not having any issue ('offspring'), the opposite party and his maternal relatives were not satisfied with the dowry and gifts obtained in the marriage, due to which, they started additional demand of dowry i.e. swift car from the applicant and when she expressed her inability to bring the dowry from her parents, she was subjected to matrimonial cruelty and harassment. She has also initiated a criminal proceedings for demand of dowry and matrimonial cruelty against maternal relatives, which is pending consideration. Opposite party No.2 and his maternal uncle are habitual drinker and they used to torture the applicant in the night after consuming liquor.

5. Learned counsel for the revisionist has submitted that on 20.03.2013, revisionist was badly beaten by opposite party No.2 and his maternal relatives, and thereafter she was thrown out near government tube well situated at her parental place. Since then they had not taken care for her and her streedhan is still in possession of opposite party No.2 and his relatives. Opposite party No.2 has agricultural land, house and a petrol pump, which he operates in a partnership of his maternal grand father. He also has another petrol pump of ESSAR Company at village Radhauda, Tehsil Badaut, District Baghpat. Opposite party No.2 is also having a gas agency at Village Binauli, Tehsil Badaut District Baghpat. The total income of the opposite party is around Rs.2,45,000/- from all sources. The revisionist is legally wedded wife of opposite party No.2 and she has been deserted by her husband, therefore, she has claimed total Rs.30,000/- per month as maintenance coupled with mediation cost.

6. Learned counsel for the revisionist has submitted that learned court below has wrongly dismissed her application for maintenance on the ground that claim of maintenance raised by the applicant is barred by Section 125 (4) Cr.P.C. and she has refused to live with her husband without sufficient cause. He next submitted that revisionist has filed written argument, in which, all the points involved in the case were duly addressed. The court