CHITRA PANDEY Vs. SHYAM VISHAL PANDEY

JUDGEMENT

(1.) Revisionist, Smt. Chitra Pandey has approached this Court for the enhancement of the maintenance fixed by the Judicial Magistrate, Lucknow vide his judgment and order dated 23-12-1981 in case No. 456 of 1980.

(2.) In short, the facts of the case are that the revisionist, Smt. Chitra Pande, was married to Sri Shyam Vishal Pande, opposite party No. 1 on 9-7-1973. According to the revisionist soon after the marriage her husband started ill-treatment towards her and on several occasions she was subjected to undue threatening, abuse and assault, besides perpetual neglect and cruelty. She somehow tolerated the physical and mental persecution and lived with her husband having a hope and faith of some change in his attitude and behaviour towards her.

(3.) Out of the wedlock revisionist gave birth to a female child, namely Anuradha, on 5/06/1975. The luck being less generous with the revisionist the attitude and behaviour of her husband did not change towards her even thereafter. Later on she was deserted by her husband along with her female child of about four months. In these circumstances she moved an application under Section 125(a) of the Code of Criminal Procedure before Judicial Magistrate, Lucknow which was registered as Case No. 159 of 1975. The case was decided by the Judicial Magistrate, Lucknow, ex parte on 6/04/1976 allowing the applications and directing the opposite party No. 1 to pay a sum of Rs. 300.00 per month as maintenance allowance to the revisionist. For enforcement of the above maintenance order an application under Sections 125(3) and 128, Cr. P. C. was moved by the revisionist. Meanwhile, the opposite party No. 1 appeared before the Court and pleaded that he had no knowledge of the proceedings under Section 125(a), Cr. P. C. resulting in the award of maintenance dated 6-4-1976. The Court by order dated 28-12-1976 set aside the order of maintenance dated 6-4-1976.