RAM BABU Vs. SMT. GANGA DEVI AND ANOTHER

JUDGEMENT

(1.) This revision application is directed against an order passed by the Civil and Sessions Judge, Farrukhabad-Mainpuri, at Fatehgarh, upholding the order of the City Magistrate, Farrukhabad, who awarded maintenance allowance at the rate of Rs. 40.00per month to opposite party No. 1 under Sec. 488, Crimial P.C.

(2.) The applicant is the husband of opposite party No. 1, their marriage having taken place 6-7 years ago. Puttu Lal is the father of the applicant. Opposite party No. 1 Smt. Ganga Devi brought an application under Sec. 488 Crimial P.C. on the allegation that her husband's father had evil designs upon her and that on her refusal to yield to him he often beat her. She further alleged that her husband did not listen to her complaints about his father's behaviour, and that he had refused to maintain her though he and his father had sufficient means. It was further alleged in the application that one month before the filing of the application the applicant had resided with her in Farrukhabad for a fortnight. She claimed maintenance at the rate of Rs. 75/- per month, but the Magistrate allowed it only at the rate of Rs. 40.00 per month.

(3.) The applicant denied the allegations made against his father. He further alleged that he called his wife several times to live with him, but she refused to do so. He pleaded that the amount of maintenance claimed was excessive. Lastly, he averred that the Farrukhabad court had no jurisdiction to try the case as he and his father were residents of district Mainpuri.