NITABEN POPATLAL SHAH Vs. RAMESHKUMAR VADILAL SHAH

JUDGEMENT

(1.) The wife who had the misfortune of seeing that her matrimonial life had gone to rocks and who had applied to the learned Judicial Magistrate First Class Surendranagar under sec. 125 of the Criminal Procedure Code to get maintenance had also the misfortune of seeing that the application was rejected and when carried before the learned Sessions Judge at Surendranagar it met the same fate has filed this Special Criminal Application. The spouses were married some two and a half years before the application was filed in 1983 The wife was staying at Surendranagar and the husband was staying at Botad. In the application the averments are made to the effect that she was subjected to physical and mental torture and that she was not liked by her husband. She has further averred in the petition that she has been driven out and the husband is earning Rs. 2 0 per month. She has claimed Rs 500/- per month as maintenance.

(2.) The respondent-husband bad resisted the petition and has inter alia contended that the petitioner-wife was never subjected to any physical or mental torture; that the relations between the spouses were quite cordial; that the wife herself had gone away to her parental home and that she was never driven away. Regarding the income of the respondent it was averred in the written statement that the busi- ness was carried on in partnership and the income was much less than what the wife had alleged. The husband therefore prayed that the petition be dismissed.

(3.) The learned Judicial Magistrate F. C. Surendranagar after recording the evidence came to the conclusion that the wife had deserted the husband and she was not prepared to go back to the matrimonial home. It was further held that the evidence regarding physical and mental cruelty was not that cogent. The petition was therefore dismissed. The learned Sessions Judge also confirmed the said finding. The wife has therefore preferred the present Special Criminal Application challenging the said orders.