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Mahendra Singh Vs. Mrs. Chanchal

Mahendra Singh vs Mrs. Chanchal

Disposition Application dismissed Court Rajasthan Decided Sep 24, 2003
~2 min read
https://sooperkanoon.com/case/769662

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Citation
Court
Rajasthan High Court
Judge
Decided On
Case Number
Criminal Revision Petition No. 909 of 2003
Subject
Criminal
Disposition
Application dismissed

Case Summary

AI-generated summary - not the official court judgment text.

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Key legal issue
Criminal
Outcome / disposition
Application dismissed
Acts & sections
Code of Criminal Procedure (CrPC) , 1973 - Sections 125

Parties & Advocates

Appellant / Petitioner

Mahendra Singh

Advocate Basti Chand, Adv.

Respondent

Mrs. Chanchal

Advocate None

Legal References

Reported In
II(2004)DMC798

Excerpt

- ordern.n. mathur, j.1. the instant revision petition has been filed against the order of the additional chief judicial magistrate no. 2 bikaner granting maintenance of rs. 1,300/- per month to the respondent smt. chanchal on an application under section 125 of the code of criminal procedure as per the averments made in the application under section 125 code of criminal procedure the marriage between the petitioner mahendra singh and respondent chanchal took place on 25.11.1996 as per the hindu rites. it is alleged that she was turned out from the house on 4.12.1999 by the respondent husband. it is also averred that she was being tortured so long as she was staying in her matrimonial home. the respondent husband took the plea that the petitioner herein left the house on her own accord. he also stated that she was already married to some other person. he further pleaded that she was brought in nata on payment of rs. 20,000/-. on consideration of the entire material on record the court below rejected the version given by the husband. the petitioner was found to have been neglected by the respondent wife. taking into consideration his income of rs. 5,000/- per month the court awarded rs. 1,300/- per month to the deserted wife. i do not find any infirmity in the order of the trial court. the revision application is dismissed.

Full Judgment

ORDER

N.N. Mathur, J.

1. The instant revision petition has been filed against the order of the Additional Chief Judicial Magistrate No. 2 Bikaner granting maintenance of Rs. 1,300/- per month to the respondent Smt. Chanchal on an application under Section 125 of the Code of Criminal Procedure as per the averments made in the application under Section 125 Code of Criminal Procedure the marriage between the petitioner Mahendra Singh and respondent Chanchal took place on 25.11.1996 as per the Hindu rites. It is alleged that she was turned out from the house on 4.12.1999 by the respondent husband. It is also averred that she was being tortured so long as she was staying in her matrimonial home. The respondent husband took the plea that the petitioner herein left the house on her own accord. He also stated that she was already married to some other person. He further pleaded that she was brought in Nata on payment of Rs. 20,000/-. On consideration of the entire material on record the Court below rejected the version given by the husband. The petitioner was found to have been neglected by the respondent wife. Taking into consideration his income of Rs. 5,000/- per month the Court awarded Rs. 1,300/- per month to the deserted wife. I do not find any infirmity in the order of the Trial Court.

The revision application is dismissed.

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