STATE OF MADHYA PRADESH Vs. SHRIMATI DEOBATI

JUDGEMENT

(1.) This is a reference under Section438 of the Cr. P. C. made by the Additional Sessions Judge, Jabalpur recommending that the order passed by the Magistrate be set aside and Shrimati Deobati be granted at least Rs. 20 p.m. and her daughter Rs. 5/ p.m. as maintenance with effect from 24-2-1958 (the date of her application under Section488 of the Cr. P. C.).

(2.) It appears that Shrimati Deobati was married to Dashrathprasad in the year 1948. Thereafter in the year 1953 Dashrathprasad took another wife it seems that there arose some dispute between the husband and the first wife which led to a suit for restitution of conjugal rights instituted by the husband. A decree was passed in that suit on the basis of a compromise arrived at between the parties. The terms of the compromise were these:

(3.) On 24-2-1958, Deobati made an application under Section488 of the Cr. P. C. alleging that she was turned out by her husband from his house in March 1957 and was refusing to maintain her and further that he had already taken a second wife in the year 1953. She, therefore, claimed maintenance of Rs. 50/ p.m. for herself and Rs. 25/ p.m. for the daughter. Dashrathprasad resisted this application by his written statement and denied any neglect or refusal on his part. He stated that he never refused to maintain her and was 'ever ready and is still ready to live with her". Deobati was accused of having left him. The learned Magistrate after recording evidence of the parties dismissed the application holding that she could not prove either refusal or neglect on the part of the husband.