HUKAM GHAND Vs. STATE THROUGH SMT. THUMA

JUDGEMENT

(1.) THIS is a reference by the Civil and Sessions Judge of Tehri -Garhwal recommending that orders passed by the S.D.M. of Kirtinagar, awarding maintenance at the fate of Rs. 20/ - per month to Mst. Thuma against her husband Hukam Chand Under Section 488 Code of Criminal Procedure be quashed

(2.) MST . Thuma claimed that she had been turned out from the house by her husband in Ashoj Sambat 2019 (corresponding to early October 1962) and that thereafter she lived with her parents and her husband neglected to maintain her. The defence of the husband was that she had been leading an unchaste life even before she left his house & that the parties had mutually agreed to separate. Evidence was produced to show that the wife had misconducted herself with Soorat Chand and with Guman Singh; but this evidence was rejected by the learned Magistrate, largely on the score that it was inherently improbable. The Magistrate did, however, find that Mst. Thuma had conceived an illegitimate child after leaving her husband's house; but holding that "a single lapse from virtue" was not the same as "living in adultery", he found that CI. (4) of Section 488 Code of Criminal Procedure was not applicable, and that maintenance could not be refused on this score. Accordingly he passed the order now sought to be revised.

(3.) THE reference is accordingly accepted, the orders passed by the Magistrate granting maintenance to Mst. Thutna being set aside.