BUNDOO Vs. MAHRUL NISA

JUDGEMENT

(1.) AN application was filed by Shrimati Mahrul Nisa under Section 488, Cr. P. C. claiming maintenance from her husband Bundoo. Her contention was that she lives with her husband at her house for about 11/2 years and during this period she discovered that he was impotent. It was a great mental shock to her, Bundoo assured her that he will get himself medically treated but to no effect, He subsequently began to bring his friends and wanted that she should have her sexual desire satisfied from them. Such a proposal was intolerable to the applicant, as such, she was subjected to beating by Bundoo in the presence of his friends. He thereafter began to ill-treat her and did not give her adequate food and clothing and ultimately turned her out of the house. The applicant was living with her parents. Her husband had neglected and failed to maintain her. On these allegations a maintenance allowance of Rs. 100 per month was claimed.

(2.) BUNDOO admitted that he was married to Shrimati Mahrul Nisa and that the latter lived with him for about 2 1/2 years. According to his case he was physically fit and did not suffer from impotency. She had gone to her father (and he) did not send her back. He wants to sell her and tried to compel to divorce her. Bundoo denied his liability to pay maintenance to his wife.

(3.) THE Magistrate on a consideration of the evidence on record came to the conclusion that Shrimati Mahrul Nisa failed to prove the case of impotency of her husband alleged by her. On this ground solely he dismissed her application for maintenance. Aggrieved there-by a revision was filed before the Sessions Judge, Saharanpur which has been allowed, Bundoo has been directed to pay a sum of Rs. 35 per month! as maintenance allowance to his wife. Hence this revision, I have heard counsel for the parties at great length and have also perused the impugned order.