CHANDRAPAL Vs. HARPYARI

JUDGEMENT

(1.) This revision, arising from proceedings u/S.125, Cr. P.C. is being disposed of finally at admission stage after notice to opposite parties.

(2.) Revisionist Chandrapal and opposite party No. 1 Smt. Harpyari are husband and wife. Wife filed application u/S. 125, Cr. P.C. against the husband claiming maintenance of Rs. 500.00 per month with the allegations of second marriage of the husband; of cruelty; and desertion and neglect. She asserted that the husband has been pradhan of the village. He has cultivable land, and business of grain, in all having income of Rs. 5000/ - per month. Husband resisted the application and came out with case of denial. He pleaded that the wife went away with her cousin and has been living in adultery. He offered to keep the wife.

(3.) Learned Magistrate accepted the grounds alleged by the wife and disbelieved the case of the husband that the wife has been living in adultery. He narrated the evidence adduced by the wife. He said that wife did not file revenue papers showing the extent of the land of the husband and so it was not possible to accept her case that the husband has income of Rs. 5000.00 per month. He allowed maintenance of Rs.100.00 per month to the wife.