J SAMPATH KUMAR Vs. SUBASHINI

JUDGEMENT

(1.) This is a, revision against an order granting maintenance under section 125, Criminal Procedure Code.

(2.) The facts of the case are summarily as follows; - The parties got married on 21st January, 1977. They lived together for sometime and then the wife went to her mothers house. The husband instituted a proceeding in the year 1980 for restitution of conjugal rights. The wife, the respondent therein, filed a petition under section 23.A of the Hindu Marriage Act praying for divorce on the ground of cruelty and desertion, It appears that the husband did not very much resist that prayer. Accordingly, divorce was pronounced on 31st March, 1981 by the City Civil Court, Madras, in O.P. No. 582 of 1977. This petition was filed by the wife soon after in August, 1981, under section 125, Criminal procedure Code, for maintenance. The Magistrate passed an order on 28th December, 1981 directing the husband to pay a maintenance of Rs. 100 to the wife. It is against that order that the present revision petition is filed.

(3.) For getting an order of maintenance under section 125, Criminal Procedure Code, one should show that the person bound to maintain neglected or refused to maintain. In the present case, the matrimonial proceeding between the parties ended only on 3.3.1981. It was not shown that the wife asked for any maintenance pendent late during the course of that proceeding. Even prior to that the parties have been living separately. It cannot therefore be said that in this case there was any neglect or refusal to maintain. Therefore, this is not it fit case for an order under section 125, Criminal Procedure Code.