SHAKIRA BIBI Vs. ABDUL HAI

JUDGEMENT

(1.) This petition under Section 482 Cr. P.C. is directed against the judgment dated 16.12.1980 of Special Judicial Magistrate, Allahabad passed in Case No. 672 of 1980 and subsequent revisional order dated 28.11.1981 of the first Additional Sessions Judge, Allahabad.

(2.) Before proceeding with the arguments of the learned Counsel, the facts as admitted or shown to have been made out by the judgments of the Courts below may be briefly narrated.

(3.) The petitioner applicant- Scat. Shakira Bibi (hereinafter called the wife) is a legally married wife of Abdul Hai, Opposite party (hereinafter called the husband). They lived together admittedly upto March. 1979, whereafter admittedly the husband left for Delhi to earn his livelihood. According to the applicant she lived with her parents upto November, 1979 and thereafter when things became into lerable, she left her parents place. According to the husband, she was living with him at Delhi till 14.10 1979 when she left him without any consent and even without informing him and came to live with her parents. There was notice by the husband on 20.1.1980 desiring her to come back and a Panchayat, which also possibly desired the wife to go with her husband. The wife instead brought proceedings under Section 125 Cr. P.C. to get maintenance. Evidence was led by both the parties in respect of their allegations and the learned Magistrate came to the conclusion that the wife was not going to live with the husband though they had lived together at Delhi for some time and since the husband had also obtained a decree for restitution of conjugal rights from Delhi Court and even then the wife was not going. She was not entitled to maintenance. Possibly the contention was based on the assumption that there was no failure on the part of the husband to maintain the wife.