PHEKU SINGH Vs. ATTIRAJI KUNWAR

JUDGEMENT

(1.) This criminal revision application is directed against orders passed by the S. D. M. of Rasra (District Ballia) under Sec. 488 Cr. P. C. awarding maintenance at the rate of Rs. 15 per month to the opposite party, Attiraji Kueri against her husband Pheku Singh, the present applicant.

(2.) The learned Magistrate's has held that Attiraji Kueri was turned out by Pheku Singh from his house and that he has been refusing or neglecting to maintain her ever since. These findings are not challenged by the applicant, but he contends that since he has offered to maintain his wife on condition of her living with him and she refuses to live with him without any just ground, she has forfeited her right to maintenance. This aspect of the case was considered however by the learned Magistrate's and he came to the conclusion that the wife had good ground to refuse to go back and live with her husband because he had gone to the length of denying that she was married to him. He remarks "It is not possible for a woman having self-respect to go and live with a man who was denying the married status to her." And the learned Sessions Judge of Ballia, to whom the applicant went in revision, points out in addition that the husband has made allegations of unchastity against the wife and as a result his offer to take her back and keep her with him cannot be considered to be genuine.

(3.) The proviso to Cl. (3) of Sec. 488 Cr. P. C. lays down that if the husband offers to maintain his wife on condition of her living with him and she refuses, the Magistrate's may nevertheless pass an order for maintenance if he is satisfied that there is just ground. The explanation appended to this proviso shows that remarriage of the husband or the fact that he is keeping a mistress may be just ground for the wife's refusal to live with him; but it is obvious that this explanation is not to be regarded as exhaustive and that other circumstances may also be taken into consideration and may be treated as 'just ground.'