PRABHAWATI DEVI Vs. RADHEY SHYAM TRIPATHI

JUDGEMENT

(1.) THIS is a hard case.

(2.) APPLICANT Smt. Prabhawati moved the City Magistrate Allahabad under Section 488, Criminal P. C. to award her maintenance allowance from the opposite party who is her husband on the allegations that owing to the negligence and ill-treatment meted out to her by the husband, she had been living along with her children with her mother in the city of Allahabad and that it was not possible for her to go back to the opposite party on account of his and his father's unbecoming and cruel treatment. Opposite party, however, denied her allegations before the trial court and expressed a desire to keep her and the children with him and to maintain them to the best of his resources. The applicant, however, refused to go with him and the learned Magistrate rejected her application for maintenance because in his opinion "there was no sufficient reason for applicant's refusal to live with her husband. "

(3.) A revision was filed by the applicant before the learned Sessions Judge who was of the view that the opposite party bad made a false allegation of unchastity against the applicant which amounted to legal cruelty giving her sufficient reason to live separately from her husband and yet to claim maintenance. He, therefore, reported the case to this Court with a recommendation that the order of the Magistrate be set aside.