SARDAR SURJEET SINGH Vs. REJENDRA KAUR

JUDGEMENT

(1.) PALOK Basu, J. The question involved in the present revision is - Should a Magistrate dismiss an application by wife for maintenance allowance only because the husband has obtained a decree for restitution of conjugal rights ? The relevant facts are as under :

(2.) THE respondent Smt. Rajendra Kaur, for short wife, is the wife of applicant Sardar Surjeet Singh, for short husband, and out of the said wedlock a daughter had been born to the applicant, his family members were insisting upon more goods and money as sufficient dowry was not parted with at the marriage ; since 1980 the applicant has been neglecting the wife and the daughter and did not care for their living. Consequently an application under Section 125, Cr. P. C. was filed by the applicant claiming Rs. 500 for herself and Rs. 300 for the child as maintenance allowance. She examined four wit nesses including herself and filed several letters. She also filed a certified copy of the judgment dated 29-1-1983 passed by the Matrimonial Court at Gonda decreeing the husband's Suit No. 44 of 1982 for a decree for restitution of con jugal rights in order to show that the husband had not gone to fetch her as was directed in the decree.

(3.) THE Magistrate relied upon the case of Mohd. Siddiq v. Zubeda Khatoon, AIR 1952 All 616 and Geeta Kumari v. Shio Charan Das, 1975 Cr LJ Rajasthan 137, and dismissed the petition with the added observation that the decree was binding upon both the parties.