MAHABIRALIAS LALLU Vs. KAMLA DEVI

JUDGEMENT

(1.) This petition has been filed by Mahabir @ Lallu against his wife Smt. Kamla Devi for quashing of the judgment and order dated 24.3.1982 of Mr. S.N. Singh, IInd Additional Munsif Magistrate, Mirzapur whereby he ordered payment of maintenance allowance of Rs. 150/- per month to Smt. Kamla Devi and Rs. 100/- per month to her son till he attains majority from 11.2.1975 and also the judgment and order dated 9.9.1982, passed by Mr. L.N. Rai, IIIrd Additional Sessions Judge, Mirzapur in Criminal Revision No. 56 of 1982 modifying the order of learned Magistrate to the extent that Smt. Kamla Devi will get maintenance allowance at the rate of Rs. 100/- per month for herself and her son from 11.2.1975 to24.3.1982 and thereafter she will get Rs. 150/- for herself and Rs. 100/- for her son every month towards maintenance under Section 125 Cr.P.C. as directed by the learned Magistrate.

(2.) Brief facts of the case are that Smt. Kamla Devi as married to the applicant Mahabir @ Lallu in the year 1971. She gave birth to a child form his union. After the marriage a bad habit of drink had cultivated in the applicant. He often used to beat his wife and treated her with cruelty. She was pushed out of the house by the applicant but on intervention of some persons, he permitted her to live in the house. About 8 or 9 months prior to the institution of the proceedings under Section 125 Cr.P.C. she was badly beaten and turned out of the house again. The applicant had also snached gold and silver ornaments and clothes etc. of the Opposite Party while turning her out of the house. She came to her parent's house and since then the petitioner never came to take her to his house nor maintained her despite a notice sent by Smt. Kamla Devi to the petitioner and a Panchayat convened in that connection. The petitioner thereafter remarried himself with one Sushila Devi daughter of Chhotelal Mallah of Varanasi. She has no means to maintain herself and her son. The applicant neglected to maintain the Opp. Party and her son and consequently she prayed for Rs. 500/- per month from the applicant towards their maintenance.

(3.) The applicant has denied the allegation of bad habit or ill treatment with Smt. Kamla Devi. He also denied that he turned out Smt. Kamla Devi of his house. He stated in his written statement that Smt. Kamla Devi was living separately from him with mutual consent of both the parties. For that purpose she put her thumb impression on a compromise. He also denied his second marriage with any other lady. He asserted that no doubt he had passed M.A. (previous) but he was unemployed and was earning his livelihood by tuitions and his total income was Rs. 50 or 60/- per month. He also asserted that Smt. Kamla Devi was leading an adulterous life and therefore she was not entitled to any maintenance from the applicant.