PRAKASH Vs. MANORAMA

JUDGEMENT

(1.) IN a proceeding for the grant of maintenance to wife, the husband has approached this Court in this writ petition against a concurrent finding of the two Courts below.

(2.) THE wife had approached the trial Court for grant of maintenance at the rate of Rs. 400/ - per month. Her grievance was that her husband and his mother were ill -treating her. According to her, the ill -treatment was given to her on account of the reason that her parents did not offer money as dowry to the petitioner. In short, it was the grievance of the wife in her application that she was being ill -treated as a result of non -payment of money to the husband towards dowry. It was her further contention that since the Diwali Festival of 1982, the husband did not allow her to live with him. According to her, several attempts were made to pacify the husband, but he did not allow her to live with him and thus, there was neglect. Consequently she claimed the maintenance.

(3.) THE allegations of the wife were denied by the husband. He stated in his written statement that he never ill -treated his wife. The allegations of demand of money were categorically denied by the husband. It is his case that he was ready to treat the petitioner nicely and to keep her as his wife. Before filing the application for maintenance, the wife had issued a notice through her Advocate addressed to the husband dated 18.7.1985. In her notice, there are no allegations to the effect that she was given ill -treatment and beating as a result of non -payment of money. On the contrary, it is stated in the notice that she was treated like a maid servant and that her ornaments were removed by the mother of the accused and it is alleged that the husband had issued a threat to kill the wife. In short, it was alleged that the husband was not ready to keep the wife with him and therefore, claimed the maintenance. Thus, it is found that when the application of maintenance was filed in the Court by the wife, it gave different version and the reason for ill -treatment was non -payment of money by the wife.