SATYABHAMA BAI Vs. NANDA SINGH

JUDGEMENT

(1.) THIS is a revision petition filed by the applicant -wife Satyabhama Bai against the order passed by the Judicial Magistrate, First Class, Dindori refusing to grant her maintenance from the non -applicant -husband Nanda Singh. The applicant filed an application under section 125 of the Code of Criminal Procedure claiming maintenance from her husband -non -applicant at the rate of Rs. 300/ - per month on the ground that she was the legally married wife of the non -applicant and that without any rhyme or reason he refused to maintain her. It was further stated that the non -applicant is a man of means and has sufficient property out of which he can give maintenance to the applicant.

(2.) THE application was opposed on the ground that there was no marriage between the parties and, therefore, the non -applicant is not liable to maintain the applicant. It was further alleged that the non -applicant is a sick man and, therefore, he is unable to earn anything.

(3.) THE question which requires consideration is whether because of the sickness of the non -applicant, he can refuse to pay maintenance to the applicant. Having perused the evidence of the non -applicant Nanda Singh, it does not indicate that he is suffering from any such ailment, which is an impediment in doing any job or earning anything. The trial Court refused maintenance to the applicant on the ground that Gouna ceremony was not performed and, therefore, the non -applicant is not legally bound to take his wife and maintain her. Once the marriage is proved, it is the responsibility of the husband to maintain his wife and take her along with him. Gouna ceremony cannot be an impediment under the law for not maintaining the wife by the husband. The ground on which maintenance has been refused is unsustainable in law. Looking to the fact that the parties are husband and wife and were legally married, it is the bounden duty of the husband to maintain her.