A Vs. B

JUDGEMENT

(1.) A wife having applied under sec. 125 of the Cr. P. Code for maintenance from respondent No. 1 husband before the learned Metropolitan Magistrate 7 Court Ahmedabad and having emerged second best in the said proceedings has preferred the present revision application .

(2.) The main contention on which she based her claim was that the husband was sexually impotent and that he was unable to discharge his primary responsibilities towards his wife. The parties were married on 27 at Ahmedabad according to the Sunni Muslim Shariat rites. After the marriage the petitioner had gone to the house of respondent no. 1 to live with him and lived with him as his legally wedded wife under the same roof upto 11-7-1978. According to the petitioner wife during that particular period of about six weeks the respondent no. 1 did not sleep with her and she was asked to sleep in a separate bed and he did not talk with her. When questioned about the strange behaviour the respondent No. 1 is alleged to have told her that he is physically incapable of sexual relations and when petitioner told him to avail of some medical treatment the respondent No. 1 is further alleged to have told her that his disability is beyond any medical assistance She was also told to stay in the house either as his mother or his sister or in the alternative she was asked to leave the marital home. She has further alleged that she was maltreated and on 11-7-1978 she was driven cut of the house by respondent No. 1.

(3.) On 17-10-78 respondent No. 1 sent a registered notice Ex. 5 wherein he stated inter alia that as he had no physical disability they would be able to enjoy marital bliss and on 25-10-78 the petitioner filed the application for getting maintenance under sec. 125 of Cr. P. Code.