CHANDRAKALABAI Vs. BHAGWAN SINGH

JUDGEMENT

(1.) The applicant-wife has preferred this revision against the order dated 20-9-2001 passed by the learned Addl. Sessions Judge, Narsinghgarh District Rajgarh in Cr. Revision No. 17/2001 setting aside the order of grant of maintenance to the applicant passed in M. Cr. C. No. 33/98 by the learned Judicial Magistrate, First Class, Narsinghgarh on 4-10-2000.

(2.) The applicant-wife Chandrakala had filed an application on 12-5-98 against the non-applicant/husband Bhagwansingh for grant of maintenance on the ground inter alia that she was ill-treated and thereafter turned out from the house because she was black and ugly. She has no means to maintain herself and the non-applicant is not taking her care. She had also alleged that the non-applicant had entered into a second marriage.

(3.) The non-applicant/husband denied all the allegations levelled by the wife and contended that she of her own accord had gone to the house of her parents with brother by promising for her return after 7-8 days. Thereafter, she did not return back. Therefore, he and his brother-in-law had tried their level best to take her back and visited the house of his in-laws for taking her back, but she refused to come and she had stated that after such a long period of marriage there was no child born out of their wedlock, so he can, if so desired, may enter into the second marriage and she did not want to live with him. Even thereafter, the non-applicant/husband did not enter into second marriage and expressed his desire to live with her and maintain her. But his all efforts went in vain.