MADHUSUDAN MISHRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Smt. Pushpa Mishra who claims to be the wife of Madhusudan Mishra started proceedings under Section 125, Cr. P.C. through a petition which was numbered as 178/12 of 1983. Her contention was that since 1973 her husband Madhusudan Mishra had neglected to maintain her and she is unable to maintain herself. The husband is living with another woman. He has an income of not less than Rs. 1000/- per month and, therefore, she claims maintenance to the extent of Rs. 500/- per month.

(2.) Contest was put by Madhusudan Mishra and he took the stand that Smt. Pushpa Mishra who was his married wife herself left him and thus caused a desertion and in spite of a decree for restitution of conjugal rights she did not return and ultimately he had to obtain a decree of dissolution of marriage by way of divorce and now she is not entitled to any maintenance from him. It was also said that she was a double M.A. and had been a teacher for some time while now she is working as Manager in an Educational-Institution and was capable of earning her own livelihood and so also she was not entitled to any maintenance allowance.

(3.) Lastly, it was contended that his income is hardly Rs. 700/- per month and he has to look after a family of seven members including aged mother, sister and her two children and an insane brother-in-law and, therefore, also he was not in a position to pay anything.