JIWASI KUNWAR Vs. RAM CHANDRA YADAV

JUDGEMENT

(1.) V. P. Mathur, J. I have heard the learned counsel in detail. I have also perused the judgments of the Courts below. I have been taken through the statement of the lady Smt. Jiwasi Kunwar which was read over to me by the learned counsel for the petitioner from his personal file.

(2.) IN this statement she has made absolutely no allegation regarding any bad habit of Ram Chandra Yadav and not a word has been said that Ram-chandra Yadav has started using intoxicants after his promotion. She clearly admits that so long as she Jived with her husband was never cruel to her. She also says that she has heard only a sort of rum our about her husband having married another woman, but there is no proof of it. She does not give out any reason why she is unwilling to go back to her husband, although she has got an oiled for the same from the side of her husband. Under these circumstances, the order of the Magistrate was clearly perverse and has been rightly set aside by the learned Additional Sessions Judge and the lady cannot be said to be entitled to any maintenance allowance till she does not change her mental make up to return back to her husband.