DURGA BAI Vs. JEETMAL

JUDGEMENT

(1.) This revision filed by the wife against her husband rising out of proceedings for maintenance under S. 125 Code Criminal Procedure is directed against an order dated 26th March 1980 passed by the Judl. Magistrate, First Class, Indore in Misc. Case No. 669A of 1977.

(2.) The short facts giving rise to this petition are no longer in dispute and as also found on evidence by the trial Court are as under. That the parties who are Hindus were married on 5-2-76 at Indore; that the petitioner-wife, after her marriage stayed with her husband at her marital home for some time. But thereafter the respondent-husband tortured her, treated her with cruelty, removed her ornaments, drove her away from his house and left her at the mercy of her parents; that the respondent husband has refused and neglected to maintain her; that she is unable to maintain herself and that the respondent has married with another girl named Munni. She, therefore, claimed maintenance at the rate of Rs. 200.00 per month from the date of the filing of the application on 26-7-77, as according to her the monthly income of her husband is Rs. 500/ per month.

(3.) The respondent while contesting the claim contended that his wife the petitioner had voluntarily left his marital home and despite his percussive efforts she refused to return though he is prepared to keep her as his wife. Further according to him monthly income did not exceed Rs. 150.00.