NANKI Vs. DHALU RAM

JUDGEMENT

(1.) In this petition filed under Article 227 of the Constitution, the petitioner seeks the quashing of the judgment and order dated 19th January, 1979, passed by the Sub Divisional Judge, Kandaghat, reversing that of the Full Bench of the Nayaya Panchayat Man, Tehsil Arki, passed in favour of the petitioner on 7th June, 1976.

(2.) It appears that the petitioner filed a petition against her husband Dhanu, respondent No. 1 before the Nayaya Panchayat Man, claiming maintenance under the Code of Criminal Procedure. The said petition was filed on 26th October, 1974. The Nayaya Panchayat dismissed that petition vide its order dated 8th September, 1975. Thereafter the petitioner filed an appeal against the order of the Nayaya Panchayat dated 8th September, 1975. This appeal was filed before the Full Bench of the Nayaya Panchayat under section-239 of the Himachal Pradesh panchayati Raj Act, 1952 (herein after referred to as the Act). The Full Bench of the Nayaya Panchayat purported to act under the aforesaid provisions of the Act, accepted that appeal and allowed maintenance of Rs. 80/- per mensum in favour of the petitioner and against respondent No. 1.

(3.) Respondent No. 1 then challenged the order of the Full Bench of the Nayaya Panchayat referred to above, before the Sub Divisional Judge, in appeal. The learned Sub Divisional Judge, vide her impugned order dt. 19th January, 1979, quashed the order of the Full Bench of the Panchayat on the ground that the petitioner had failed to substantiate the essential ingredients of section 125 of the Code of Criminal Procedure under which she could claim maintenance. It is this order of the Sub Divisional Judge which has been challenged before me in these proceedings.