SHRI RAM Vs. SHANTI

JUDGEMENT

(1.) THIS revision is directed against the judgment and order of Ilnd Additional Sessions Judge, Saharanpur, dated 26.2.1985 in Criminal Revision No. 374 of 1984. By that judgment, he allowed the revision after setting aside the judgment of the trial court and allowed the maintenance at the rate of Rs. 300 to Smt. Shanti the present respondent under Section 125, Cr. P.C.

(2.) AN application for maintenance was filed before Munsif Magistrate-I Saharanpur on the ground of cruelty and desertion. Learned Munsif after considering the material on record dismissed the application by judgment and order dated 10.10.84.

(3.) IT is true that in view of the Explanation to sub-section (3), the wife cannot refuse to stay with her husband unless a second marriage is contracted by the husband, but looking to sub-section (4), it appears that the wife is entitled to receive the maintenance allowance if she refuses to live with her husband for sufficient reason. IT is an admitted fact that couple was issueless. Apart from the other allegations mentioned in the application or in the statement of the respondent, if it is considered that the husband wants to marry for the second time for the reason that the wife could not produce any child, should be considered 'sufficient reason' for wife's refusal to stay with him, as it amounts to cruelty, since after 21 years of conjugal life, no wife could like to be deprived of such association due to the second marriage of the husband. The very proposal might seriously affect the mental health of the wife and cause pain and agony in her mind which amount to cruelty and for that reason the wife if refuses the company of her husband would come under the provisions of sub-section (4) of Section 125, Cr. P.C. on the basis of which she is entitled to have maintenance.