Kishori Lal vs Mahima Devi

Rajiv Sharma, J.—This petition is instituted against the order dated 13.12.2013 passed by the Learned Sessions Judge, Sirmaur District at Nahan in Criminal Revision No. 14-Cr.R/10 of 2013.

Pertinent facts necessary for the adjudication of this petition are that respondent has filed an application u/s 125 of the Code of Criminal Procedure claiming maintenance from the petitioner. Marriage between the parties was solemnized 36 years ago. The daughters are married and son is unmarried. Petitioner was serving in the Indian Army. Thereafter, he joined B.S.N.L. Respondent fell down from a tree while lopping branches and both the legs were fractured. She became bed ridden and was unable to stand. Petitioner started misbehaving with her. She was sent to the house of her brother Sadhu Ram, who is residing at village Satiwala. Several efforts were made by the brother of the respondent to send her back to her matrimonial house, but the petitioner refused to accept her. She has no independent source of income to maintain herself. According to the averments made in the application petitioner was getting pension of Rs. 11,000/- per month and was getting salary of Rs. 25,000/- from B.S.N.L. He is also owner of agriculture land and his monthly income from all sources is Rs. 40,000/-.

The application was contested by the petitioner. He has denied that proper medical facilities were not provided to the respondent. Other allegations pertaining to giving beatings have been denied.

Respondent moved an application for grant of interim maintenance during the pendency of application u/s 125 of the Code of Criminal Procedure. Learned Judicial Magistrate 1st Class allowed the same on 6.8.2013 and granted maintenance to the respondent to the tune of Rs. 7,000/- per month from the date of order till the disposal of the main petition. Petitioner feeling aggrieved with the order dated 6.8.2013 preferred revision before the learned Sessions Judge, Sirmaur District at Nahan. He dismissed the same on 13.12.2013. Hence, the present petition.

I have heard the learned counsel for the parties and have perused the pleadings meticulously.

Marriage between the parties was solemnized 36 years ago according to Hindu Rites. Respondent has been forced to live with her brother at Satiwala. Petitioner has not taken care of the respondent after she fell from a tree. He is getting pension to the tune of Rs. 10,121/- and is also getting salary of Rs. 14,107/- per month from B.S.N.L. as per documents placed on record. The daughters of the petitioner are married. They are not dependant on their father. The son is major. He has been disowned by the petitioner. Respondent has no independent source of income. She is forced to live with her brother, as noticed hereinabove. She is permanently disabled after her fall from a tree. Petitioner despite possessing sufficient source of income is not maintaining the respondent. Both the courts below have correctly appreciated the evidence while granting interim maintenance allowance to the respondent @ 7,000/- per month.

Accordingly, in view of above discussion, there is no merit in the petition and the same is dismissed. Pending application(s), if any, also stands disposed of. No costs.