RAJMATI Vs. MITHAI

JUDGEMENT

(1.) Heard the learned counsel for the revisionist and the learned A.G.A. and also Sri S. D. Singh, learned counsel for the Opp. Party No. 1 Mithai.

(2.) This revision has to be allowed. Smt. Rajmati moved an application under Section 125, Cr. P. C. for maintenance before the Special Judicial Magistrate, Saidpur District Ghazipur on 21-10-1981. The husband Mithai contested the same. The learned Magistrate after recording the evidence of the parties and hearing the parties' counsel found that it was an admitted case between the parties that the parties had married and that the wife Smt. Rajmati was not living with the husband. On an assessment of the evidence, the learned Magistrate found that the husband Mithai used to beat and ill treat her and turned her out from the house and also found that the husband had remarried. He also found that she was unable to maintain herself. He further found that the husband had sufficient income from agriculture as labour to maintain her. He has dealt with the offer by the husband to keep the wife with himself and to maintain her and the refusal of the wife to live with him. He came to the conclusion on the basis of the material on record that she had sufficient ground to decline to live with

(3.) The husband has challenged this by way of Criminal Revision No. 181 of 1989 which eventually came up for hearing before the then Vth Additional Sessions Judge, Ghazipur. The Additional Sessions Judge allowed the revision by his judgment and order dated 6-11-1989 and set aside every material findings of the learned Magistrate except to the extent that both had married and that the wife was not living with the husband.