MANSUKHLAL VALLABHDAS Vs. MANGALABEN JERAMBHAI

JUDGEMENT

(1.) The facts giving rise to the application in revision broadly stated are that the original applicant Mangalaben was married with the opponent Mansukhlal Vallabhdas on 64-64 and both of them began to live as husband and wife at the house of the opponent at Khambhalia in the District of Jamnagar. The applicant Mangalaben was a resident of the village of Bed in the District or Jamnagar. For some time they pulled on quite well and thereafter she came to be ill-treated and beaten by her husband. Her case then is that on 12-9-65 she was driven out from the house after beating her and was not even allowed to take away her clothes and ornaments etc. Since then the opponent has neglected and refused to maintain her. She has further alleged that the opponent has made very wild allegations against her character and that it has become impossible for her to live with him at his place. She therefore filed an application under sec. 488 of the Criminal Procedure Code claiming maintenance at the rate of Rs. 75/per month from him.

(2.) The opponent-husband resisted the application inter alia contending that he has never ill-treated or beaten or driven her out from his house as alleged and on the contrary she had gone away to her parents place of her own accord. He further asserted that she has been in illicit intimacy with some one else at Bed and that she has even given birth to a child. Besides he contended that since they last resided at his house at Khambhalia the Court at Khambhalia and not at Jamnagar has jurisdiction to try the case. In these circumstances he said that she was not entitled to claim any maintenance from him.

(3.) The learned Magistrate after considering the effect of the evidence adduced by the parties in the case found that the Court has jurisdiction to entertain and hear the application and that the applicant was entitled to live separate from her husband on account of wild and baseless allegations against her character though she has not been able to prove that she was ill-treated and beaten and that way deserted by her husband. In the result he allowed maintenance at the rate of Rs. 50/per month under sec. 488.or the Criminal Procedure Code. Feeling dissatisfied with that order passed on 13-2-1969 by Mr. U. J. Pandya Judicial Magistrate First Class 4 Court Jamnagar in Miscellaneous Application No. 16 of 1966 the opponent-husband filed Criminal Revision Application No. 16 of 1967 in the Court of the Sessions Judge at Jamnagar. The learned Sessions Judge found that the Court has jurisdiction to entertain the application; that the opponent had refused or neglected to maintain his wife the applicant; and that the order for maintenance passed against him was proper. In the result the application came to be dismissed. Feeling dissatisfied with that order passed on 26-9-67 by Mr. A. A. Dave Sessions Judge Jamnagar the opponent has come in revision before this Court.