GURU PRASAD Vs. RAM DULARI

JUDGEMENT

(1.) THE applicant Guru Prasad and opposite party Smt. Ram Dulari are husband and wife. THE opposite party moved an application under Section 125 CrPC for maintainance. She had alleged that the applicant had treated her with cruelty and was neglecting her as she had not been able to give birth to a child. She claimed Rs. 300/- per month as maintenance. THE applicant contested the application and denied the allegations of the opposite party. He, however, alleged that he was prepared to maintain the opposite party if she lived with him.

(2.) LATER, the Magistrate held that the applicant had treated the opposite party with cruelty and had neglected her He accordingly awarded a sum of rupees fifty per month as maintenance.

(3.) HOWEVER on the question that the courts below did not consider his offer to maintain the opposite party No. 1 on the condition of her living with him, there does not appear to be any decision according to law. The learned Magistrate gave no finding on this point at all. The second proviso to sub-section (3) of Section 125 CrPC makes it imperative of a Magistrate to consider such an offer and also reasons given by a wife if she refuses to accept the same and decide whether there was reasonable ground for her refusal. It is only thereafter that the wife can be held entitled to maintenance under Section 125 CrPC so that finding having not been recorded by the trial court, the order becomes vitiated.