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2017 Supreme(MP) 129

IN THE HIGH COURT OF MADHYA PRADESH
G. S. Ahluwalia, J.
Anil Yadav v. Seema Yadav and another
Miscellaneous Criminal Case No.5273 of 2011 (G); Decided on 21.3.2017.*

Advocates:
D. D. Bansal for applicant; J. P. Mishra with Gaurav Mishra for respondents.

Headnote:(1) Criminal P.C., 1973 -- Ss.125 and 127 -- Hindu Marriage Act, 1955 -- S.13 -- respondents wife and daughter of applicant -- alleged cruelty by applicant -- he left his wife in the house of her maternal uncle -- no source of income -- trial Court rightly awarded maintenance to them from date of order -- divorce during pendency of application -- applicant/husband may file application for alteration in allowances. [Paras 8 & 20

       (2) Criminal P.C., 1973 -- S.125 -- Hindu Marriage Act, 1955 -- S.9 -- merely because decree for restitution of conjugal rights passed against respondent/wife -- she did not join company of applicant/husband -- it will not disentitle her to receive maintenance amount. [Para 16

        ¼1½ naM izfØ;k lafgrk] 1973 & /kkjk 125 rFkk 127 & fganw fookg vf/kfu;e] 1955 & /kkjk 13 & izR;FkhZx.k vkosnd dh iRuh vkSj iq=h & vkosnd }kjk vfHkdfFkr Øwjrk & mlus viuh iRuh dks mlds ekek ds ?kj NksM+ fn;k & vk; dk lk/ku ugha & fopkj.k U;k;ky; us vkns'k ds fnukad ls mudks Hkj.kiks"k.k Bhd gh vf/kfu.khZr fd;k & vkosnu ds yacu ds nkSjku fookg&foPNsn & vkosnd@ifr HkÙkksa esa ifjorZu ds fy, vkosnu Qkby dj ldrk gSA

       ¼iSjk 8 ,oa 20½

       ¼2½ naM izfØ;k lafgrk] 1973 & /kkjk 125 & fganw fookg vf/kfu;e] 1955 & /kkjk 9 & ek= bl dkj.k ls fd izR;FkhZ@iRuh ds fo#) nkaiR; vf/kdkjksa ds izR;kLFkkiu gsrq fMØh ikfjr dh xbZ gS & og vkosnd@ifr ds lkFk ugha xbZ & ;g mls Hkj.kiks"k.k dh jde izkIr djus ds gd~ ls oafpr ugha djsxkA

       ¼iSjk 16½

ORDER

1. This petition under section 482 of CrPC has been filed against the order dated 16.5.2011 passed by Ist Additional Sessions Judge, Vidisha in Criminal Revision No.19/2011 affirming the order dated 13.1.2011 passed by JMFC, Vidisha in Criminal Case No.20/2011.

2. The necessary facts for the disposal of the present application in short are that an application under section 125 of CrPC was filed by the respondents before the Court of JMFC, Vidisha for grant of maintenance on the allegations that the respondent No.1 is the legally wedded wife of the applicant whereas the respondent No.2 is the daughter of the applicant and they have no source of livelihood. It was alleged in the application that the respondent No.1 was married to the applicant on 21.2.2002 as per Hindu rites and rituals. The entire marriage expenses were borne by her maternal uncles as the father of the respondent No.1 was not in a position to bear the marriage expenses. The respondent No.2 was born about 1½ year after the marriage and the delivery expenses were borne by the brother of the respondent No.1. After marriage, the applicant and her mother started treating her with cruelty. They were not allowing the respondent No.1 to even go to the kitchen. A false allegation of playing witchcraft was also leveled against her. The applicant also used to beat her without any reason. On 14.2.2006, the applicant left the respondent No.1 in the house of her maternal uncle and where she is residing alongwith her minor daughter with great difficulties. She has no source of income and is unable to maintain herself whereas the applicant has 5.134 hectares of land and is earning an amount of Rupees two lacs per year by way of profit. He is also earning Rs.5,000/- per month from other business. Accordingly, it was pleaded that the applicant is earning Rupees two lacs sixty thousand per annum.

3. The application was opposed by the applicant and he denied the allegations. He also denied that his yearly income is Two lacs sixty thousand. It was further pleaded that the respondent No.1 used to go to the house of her maternal uncle very frequently and without informing anybody in her matrimonial house. She also believes in playing witchcraft. A decree under section 9 of the Hindu Marriage Act was also passed against her but she did not join the company of the applicant. In fact, it is the respondent No.1 who has deserted the applicant and, accordingly, she is not entitled for maintenance.

4. The trial Court, after recording the evidence of the parties, allowed the application filed under section 125 of CrPC and awarded a monthly maintenance of Rs.4,000/- to the respondent No.1 and Rs.1,000/- to respondent No.2. Being aggrieved by the order order dated 13.11.2011, passed by JMFC, Vidisha, the applicant filed a revision which too has suffered dismissal by order dated 16.5.2011.

5. It is contended by the counsel for the applicant that the trial Court had awarded the maintenance from the date of the order but without their being any revision by the respondents, the revisional Court has modified the order of the trial Court and has directed that the maintenance amount shall be payable from the date of the application. Furthermore, the effect of decree for restitution of conjugal rights as well as the income of the applicant has not been assessed properly. It is further submitted by the counsel for the applicant that during the pendency of the revision, a petition for divorce filed by the applicant has been allowed by the trial Court by judgment dated 27.10.2015 and the marital ties between the applicant and the respondent No.1 have been broken by holding that the behavior of the respondent No.2 was cruel towards the applicant.

6. Per contra, it is submitted by the counsel for the respondents that so far as the respondent No.2 is concerned, the submissions made by the applicant have no force as she cannot be held responsible if her parents are residing separately. So far as the decree o

































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