MUNNI BAI Vs. BHANWARILAL AND ORS.

JUDGEMENT

(1.) Here the appellant is a miserable lady who has not been maintained by her husband. It appears from the record that Respondent 1 husband had been convicted for committing the offence of bigamy but the appeal filed against the said order was pending at the relevant point of time. We are not sure whether in the said appeal Respondent 1 has succeeded. Be that as it may, the fact remains that the appellant is not paid any amount of maintenance though she is staying separately.

(2.) In the aforesaid circumstances, it cannot be said that the appellant is staying separately without any justifiable reason. In our opinion she should be maintained by the respondent husband.

(3.) Looking at the facts of the case, we set aside the impugned order, Munni Bai v. State, Criminal Misc. Petition No. 1422 of 2005, order dated 5-11-2008 (Raj) passed by the High Court and remand the matter to the trial court so that after considering the evidence, the trial court may take appropriate decision regarding payment of maintenance. The appeal is disposed of as allowed.