- (1.) This is revision against the judgment and order dated 13-12-1983 passed by the learned VI Additional Sessions Judge, Aligarh in Criminal Revision No. 295 of 1983, thereby upsetting the judgment and order dated 14-4-1983 passed by the learned Special Judicial Magistrate, Aligarh under which a petition under Section 125, Cr. P. C. moved by the wife against her husband was allowed and the wife was granted maintenance to the tune of Rs. 100.00 per month. In revision the learned Additional Sessions Judge reverse the finding and dismissed the petition under Section 125, Cr. P. C. moved by the wife. For setting aside the aforesaid judgment and order, the present revision has been filed.
(2.) None appears for the parties and I have myself gone through the impugned judgment and order passed by the learned Additional Sessions Judge and I find that it is absolutely illegal and improper.
(3.) In case of Mustafa Shamsuddin Shaikh v. Shamshad Begum Mustafa Shaikh, 1991 Criminal Law Journal 1932, in which it has been held as follows : "In proceedings under Section 125 of the Code, it is not necessary for the Court to ascertain as to who was in the wrong and whether the wife was guilty of leaving the matrimonial house without any reason. Even assuming that the wife is in the wrong while leaving the house she cannot be deprived of maintenance when husband contracts second marriage and that fact by itself entitles her to live separately. The proceedings under Section 125 of the Code should not be confused with the matrimonial proceedings between the parties. A right to claim maintenance under the Code is not dependant upon who was right and who was wrong in the matrimonial disputes. The Magistrate is duty bound to award maintenance once it is found that the wife is unable to maintain herself and her husband has means but still neglects or refuses to maintain the wife. The Magistrate is not required to examine whether the conduct of the wife in initially leaving the house was just or not. The conduct of the wife at the time of leaving the house is wholly irreverent and the Magistrate must concentrate on the facts and circumstances existing on the date of passing order on application filed under Section 125 of the Code.";