VEMULAPALLI RAJANIKUMARI Vs. VEMULAPALLI SARATH BABU

JUDGEMENT

(1.) In this petition under Section 482 of Cr.PC, the orders of the learned I Additional Sessions Judge, Guntur dated 3-3-1999 passed in Crl. RP No. 160 of 1996 and the orders of the learned II Additional Munsif Magistrate, Tenali dated 24-8-1996 passed in MC No.42 of 1994 are sought to be quashed.

(2.) The petitioner herein is the wife of respondent No.1. She filed the said MC 42 of 1994 for maintenance. Her petition was dismissed. It was held on the question wether the petitioner has proved that the respondent No. 1-husband had neglected to maintain her, that the wife and husband neglected each other. It is difficult to appreciate this conclusion of the learned Magistrate.

(3.) The question that falls for consideration in a petition under Section 125 of Cr.PC is whether the husband had refused or neglected to maintain his wife? The finding that the husband and wife neglected each other does not answer the question which is required to be decided by the learned Magistrate. At any rate, it may implies that the finding that the husband neglected the petitioner. However, the finding given by the learned Magistrate does not appear to answer the question required to be decided by him and has been left vague.