VIJAYA DEVI Vs. NAIYA RAM

JUDGEMENT

(1.) THE petitioner has assailed order dated 19.6.2004 passed by learned Sessions Judge, Sirmaur District at Nahan in Criminal Revision Petition No. 19 -Cr.R./10 of 2003 setting aside order dated 28.10.2003 passed by learned Chief Judicial Magistrate, Sirmaur District at Nahan in Maintenance Petition No. 4/4 of 2003.

(2.) THE facts in brief are that petitioner had filed a petition for grant of maintenance at the rate ofRs. 3,000/ - per month against the respondent claiming herself to be the legally wedded wife of the respondent. It has been alleged that marriage between the parties was solemnized 20 years ago according to Hindu rites. They lived together but in the year 1999 respondent married one Dwarka Devi and turned the petitioner out of his house. The petitioner for some time lived with her brother but in the year 2001 she left his house and started living at Nahan, doing some menial work. It has been alleged that she is a patient of arthritis unable to maintain herself. The respondent is in government job and earningRs. 5,000/ - per month. The petitioner has claimed maintenance ofRs. 3,000/ - per month from the respondent.

(3.) THE following points emerged for determination: -