KISHANLAL Vs. NANDLAL
LAWS(RAJ)-1967-5-12
HIGH COURT OF RAJASTHAN
Decided on May 04,1967

KISHANLAL Appellant
VERSUS
NANDLAL Respondents

JUDGEMENT

- (1.) THE learned Sessions Judge, Udaipur, vide his order dated 29th August, 1966, has made this reference under Section 438 of the Code of Criminal Procedure recommending that the order of the sub-Divisional Magistrate, Udaipur, dated 2nd july, 1965, whereby a maintenance allowance of Rs. 40 per month has been ordered to be paid to Mst. Tulsi by her husband Krishanlal be set aside.
(2.) THIS reference arises out of the following circumstances:
(3.) MST. Tulsi, a girl of about 17 years of age, was married to Kishanlal in the year 1960, but it is alleged that she was not treated properly by her husband and her mother-in-law According to Mst. Tulsi she was thrown by her husband from the first floor of the house with a result that she broke her hand and leg by that fall She was not treated for about a month and a half by her husband, nor was any information sent to the parents of Mst. Tulsi about her condition. One day Mst. Tulsi slipped away from the house of her husband and went to her maternal grand-father who was a resident of a nearby village and there she related her woeful tale to him. It is said that the matter was reported to the police by the maternal grand-father of Mst. Tulsi and Tulsi was medically examined. This medical examination revealed that she had sustained two fractures, one in the hand and the other in the leg. She was then brought to the house of her father nandlal. The financial condition of Nandlal was not very satisfactory and, therefore, he moved an application on behalf of Mst. Tulsi in the court of the Sub-Divisional Magistrate, Udaipur under Section 488 Criminal Procedure Code praying that Kishanlal may be directed to pay maintenance allowance to his wife who has been rendered useless to maintain herself.;


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