GABAR RAM Vs. BASANTI DEVI

JUDGEMENT

(1.) THIS revision is directed against an order of the learned Sessions Judge of Kumayun at Nainital upholding in revision the order of the learned Magistrate of Nainital directing the Petitioner -opposite -party to pay a maintenance allowance of Rs. 25/ - per month to Smt. Basanti Devi, the opposite -party applicant, who is his legally wedded wife, under Section 483 Code of Criminal Procedure.

(2.) ON 10 -10 -962 an application was presented by the Respondent before the magistrate on the allegations that she was the legally wedded wife of the applicant, that the applicant has been neglecting to maintain her since the last about two years and she was, therefore, entitled to receive from him a maintenance allowance of Rs. 50/ -per month. In his written statement the applicant admitted the marriage but asserted that she had gone back to her father's home out of her own accord, that she had not been ill -treated in any manner, that the applicant was prepared to keep her with himself at his house and to maintain her but the parents of the Respondent wanted to send her with some other person and had, therefore, manipulated the present application against him.

(3.) THE applicant Gabar Ram, his father, Kali Ram and one Dungar Ram, Sarpanch of the village, supported the case of the applicant before the Magistrate to the effect that they had never ill treated Smt. Basanti Devi and that she had gone away from the house out of her own accord.