SAHODRI BAI Vs. SURITHRAM

JUDGEMENT

(1.) IN this revision, at the instance of the wife, the only question for consideration is whether the lower revisional Court was justified in setting aside the order of the Magistrate granting a sum of Rs. 75/- as maintenance to the wife in proceedings under Section 125 of the Code of Criminal Procedure.

(2.) THE applicant wife claimed maintenance from the non-applicant/ husband on the ground that she was ill-treated in the house of the husband and the husband on the pretext of taking her to her father's house boarded the train with her but after the train started, he got down and the wife had to travel all alone to her parents place. Thereafter the non-applicant husband refused to take her back to his village and maintain her. The learned Magistrate after recording the evidence of the wife and the husband came to the conclusion that there was clearly neglect and refusal on the part of the husband to maintain the wife and granted a sum of Rs. 75/- as maintenance, which was made payable from 6-10-1978 i. e. the date of application made by the wife for maintenance.

(3.) THE revisional Court set aside the order of maintenance passed by the learned Magistrate by holding in paragraph 11 of the impugned order that the wife no-where stated in her statement that she was unable to maintain herself. It is on the above short ground that the order of maintenance was set aside. It may be stated that the husband had made attempts in the Court below to oppose the claim of maintenance also on the ground that the wife being a second wife was not a legally wedded wife and, therefore not entitled to maintenance. Both the Courts below came to the conclusion that there was nothing on record to hold that the marriage between the parties was not a legal marriage.