USHA BAI Vs. NIHAL SINGH

JUDGEMENT

(1.) THIS revision is directed against the Order dated 18th Feb. 2000 passed in Criminal Revision No. 126/98 by 1st Additional Sessions Judge. Raisen arising out of order dated 30.9.98 passed in M.J.C. No. 23/96 by the Judicial Magistrate First Class, Raisen.

(2.) THE applicant filed an application under section 125 of the Code of Criminal Procedure for maintenance alleging that the non -applicant Nihal Singh was her husband and he had turned her out of his house without any reason. It was further alleged that the non -applicant had remarried and he had sufficient means to pay the maintenance amount. It was also stated that she was the owner of 12 -13 acres of irrigated land.

(3.) THE learned Magistrate after recording the evidence came to the conclusion that the applicant was entitled to maintenance at the rate of 500/ - per month but the Court below did not specify the date from which the maintenance had to be awarded. Therefore, this Court takes it that his order was operative from the date of passing of the order i.e. from 30.9.98. The learned Magistrate was of the view that evidence led by the applicant regarding second marriage was acceptable and therefore gave a finding in favour of the applicant to the effect that the non - applicant had remarried. Further, it was held that it was neither proved nor disproved that the applicant left her matrimonial home and went to her parental home on account of fact that non -applicant was at fault. Nor did the learned Magistrate accept the fact that non -applicant had proved his case that the applicant left her matrimonial home without any sufficient cause. However, the learned Magistrate found that as a matter of fact after weighing the matter either side that the Joint Hindu Family of which the non -applicant was a member had 12 acres of land and consequently it was held that the non -applicant had sufficient means for paying the maintenance amount.