MEERA DEVI Vs. CHANDRADHAR VISHWAKARMA

JUDGEMENT

(1.) THIS revision is directed against the order dated 6-8-83, passed by Sri J. M. Srivastava, the then Special Judge, Ghazipur, whereby he has upset the findings and order, recorded by Mr. H. L. Kureel, the then III Additional Munsif Magistrate, Ghazipur, on 11-10-82.

(2.) THE proceedings started on an application under section 125 CrPC moved by Smt. Meera Devi, the present revisionist. She said that she was a duly married wife of Chandradhar Vishkarma, the opposite party. She went to the house of her husband and started living with him as a faithful wife and discharged all marital obligations. A son was also born. Subsequently, she found that her husband was addicted to intoxication and when it, was protested, she was thrashed mercilessly. THEreafter the behaviour of the husband became cruel as a result of which she was compelled to come back to her parent's place. A panchayat was convened in which her husband also participated. He agreed to take her back with the promise not to misbehave with her any more. Upon this assurance she went to the house of the husband but she found that there was no change in the habit and behaviour of the opposite party towards her. He used to come down upon her with greater ferocity. He took away the ornaments and clothes of the revisionist and turned her out of the house with a threat that if she dared to come back she would be killed. THEreafter no maintenance was given either to her or to her son and she has no means of subsistence. THE husband draws Rs. 700/- per month as salary. She, therefore, claimed Rs. 150/- per month for herself and Rs. 50/- for her minor son.

(3.) THE learned counsel for the respondent concedes that so far as the grant of Rs. 50/- per month as maintenance to the son is concerned, there was no justification for the learned Special Judge to even deny that relief and that whatever may be the effect of the income from sewing to Smt. Meera Devi with respect to her own maintenance, she was entitled at least to Rs. 50/- per month as maintenance to her son.