- (1.) THIS is a revision application by Babu Ram to challenge the order dated 21 -9 -1968 of the Magistrate First Class, Etawah, allowing the application of Smt. Parwati and directing that a maintenance allowance of Rs. 40/ - per month shall be paid to her by her husband, Babu Ram, from the date the application was made.
(2.) THE material facts of the case are that Smt. Parwati, the wife of Babu Ram, started living separate from her husband from before the year 1965, when she moved an application Under Section 488 Code of Criminal Procedure claiming maintenance allowance from her husband on the ground of cruelty and also on account of her husband having married another woman during her life -time. This application was dismissed by the Magistrate on 20 -8 -1965. In 1967 Babu Ram moved an application before the District Judge, Etawah, claiming judicial separation from his wife, Smt. Parwati, on the ground that she was unfaithful to him and was living separate from him for more than two years. This was a proceeding under the Hindu Marriage Act. Smt. Parwati contested the proceeding and again raised the two grounds she had raised in support of her application Under Section 488 Code of Criminal Procedure. Both these pleas were accepted by the District Judge and the application preferred by Babu Ram for judicial separation was dismissed. On 27 -4 -1968 Smt. Parwati moved a fresh application Under Section 488 Code of Criminal Procedure claiming maintenance allowance from her husband on the ground that her allegations had been accepted by the Civil Court in the above proceeding instituted by Babu Ram for judicial separation. The Magistrate then recorded the evidence of both the parties and acting on the finding of the Civil Court accepted the version of Smt. Parwati. The Magistrate was also of opinion that in view of Section 489(2) Code of Criminal Procedure, he could take into consideration the finding recorded by the Civil Court and grant maintenance to Smt. Parwati even though his predecessor had rejected the earlier application of Smt. Parwati for the grant of maintenance allowance. The Magistrate thus allowed the application of Smt. Parwati and directed Babu Ram to pay heir a maintenance allowance of Rs. 40/ - per month from the date of the application.
(3.) BABU Ram challenged the order of the Magistrate before the Sessions Judge and after the revision was dismissed, he moved the present revision application before the High Court.;