MOLYABAI Vs. VISHRAM SINGH

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure, challenging the order dated 7-2-1991 passed by the III Additional Sessions Judge, Shajapur, confirming the order dated 9-5-1989 passed by the Judicial Magistrate First Class, Shajapur in a case under Section 125 of the Cr. P.C.

(2.) The applicant wife came before the Court alleging that she was married to the non-applicant, in the year 1981. In the year 1986 she was deserted by her husband. On 8-3-1987 the non-applicant took another wife. The applicant initiated proceedings under S. 13 of the Hindu Marriage Act on 10-3-1987 and because of a settlement out of Court on 11-12-1987 the marriage stood dissolved. The applicant has further contended that she is not able to maintain herself and the non-applicant has sufficient sources to maintain her but is neglecting to do so.

(3.) The application has been mainly contested on the ground that the applicant has accepted Rs. 1500/- by way of full and final settlement towards all the claims arising out of the marriage and was, therefore, disentitled for claiming maintenance. Reliance has been placed heavily on Ex. D-1, which is an application moved before the divorce court, by both the parties. In para 1 of this application it is stated that the parties have entered into a compromise on the advice of people and the applicant had obtained a sum of Rs. 1500/- before the Court and no amount whatsoever was due against the non-applicant. It is contended that the case squarely falls within sub-section (4) of Section 125 of the Cr. P.C. which, disentitles a wife to receive an allowance from her husband under Section 125, if the husband and wife are living separately by mutual consent. Both the Courts have accepted the plea of the non-applicant and have rejected the claim for maintenance solely on the ground that the applicant had relinquished all her rights by accepting a sum of Rs. 1500/- at the time of dissolution of marriage.