RAM DULAR Vs. SMT. PRABHU DELAQD AND ANR.

JUDGEMENT

(1.) THIS is a revision filed by a husband against his wife who has been allowed maintenance for herself as well as her daughter born of the present revisionist. The allegations with which the Respondent Smt. Prabhu - Dei came to the Court by way of an application under Section 488, Code of Criminal Procedure were that she was wedded wife of the present revisionist Ram Dular, that her marriage took place about 10 years back and that she had been performing her marital obligations, so much so that she gave birth to two daughters, one of whom died shortly after birth, but the other was still alive. In view of the birth of the daughters, her mother -in -law thought she would not be able to produce a son and in that view of the matter, she not only started causing her mental pain and anguish, but was out to perform second marriage of Ram Dular. Ultimately, she was turned out of the house and she had no option but to stay with her brother along with her daughter. Ram Dular was refusing to maintain her. He was possessed of 20 bighas of land and had sufficient means to pay amount towards her upkeep and towards maintenance of her daughter. She claimed Rs. 100/ - as maintenance on these allegations. This petition was opposed by Ram Dular who admitted that he had taken Smt. Prabhu Dei in "dharauwa" form of marriage, but since she was under the influence of her brother and he wanted to misappropriate the ornaments, she herself ran away along with the ornaments. Ultimately, a Panchayat was called according to the custom and in that panchayat there was chhutte chhutta between the parties. He further contended that the amount of maintenance was excessive. Parties led evidence on this score. The learned Magistrate came to the conclusion that Smt. Prabhu Dei was married wife of Ram Dular, that he had failed to maintain her and her daughter, that there was no dissolution of marriage between the two and that an amount of Rs. 35/ - to Smt. Prabhu Dei and Rs. 20/ - to the daughter, that is, a total sum of Rs. 55/ - in view of the means of the husband would be adequate as a sum towards maintenance. Consequently, the petition was allowed and a sum of Rs. 55/ - in all was granted as maintenance which Ram Dular was ordered to pay. Ram Dular went up in revision before the learned Additional Sessions Judge, but remained unsuccessful and that is how he has come up to this Court by way of revision against the order of the learned Additional Sessions Judge, who has rejected his revision.

(2.) THREE submissions were made before me by the learned Counsel for the revisionist. The first submission was that in view of the divorce in between the parties, about which there was a document, the opposite party had forfeited her right to claim maintenance. The second submission was that there was evidence on record that she had remarried and that would go to show that she was living in adultery. The last submission was that the amount of maintenance was excessive.

(3.) IT is, therefore, clear that no custom or law contrary to Sections 10 and 13 which prescribe judicial separation and divorce respectively can be taken into consideration for purposes of holding valid marriage between Hindus to have been dissolved. That being so, this first submission is to be rejected.