INDRA KUMARI Vs. RAJKUMAR MAHANT

JUDGEMENT

(1.) THE petitioner is the married wife of the non-applicant. On 3-21964, she obtained an order of maintenance in her favour from the Magistrate, First Class, Jabalpur, under Section 488 of the Code of Criminal Procedure at the rate of Rs. 100. 00 per month.

(2.) ON or about 9-1-1964, the non-applicant husband filed a petition for judicial separation against his wife, the petitioner, under Section 10 of the Hindu Marriage Act on the allegeation that she had deserted him without sufficient cause. The petition was dismissed by the trial Court; but, on appeal, First Appeal No. 48 of 1965, the High Court on 8-91969 allowed the petition and granted to the non-applicant husband a decree for judicial separation holding that the petitioner wife had deserted her husband without reasonable cause.

(3.) THE non-applicant husband, therefore, on or about 16-2-1970, applied in the Court of the Magistrate under Section 489 (2) of the Code of Criminal Procedure for cancellation of the order of maintenance dated 3-2-1964. The learned Magistrate by his order dated 25-2-1971 cancelled the order of maintenance with retrospective effect holding, inter alia, that the finding of the High Court in First Appeal No. 48 of 1965 implied that the petitioner wife had 'no reasonable ground for not living with the husband', which attracted the provisions of Sub-section (4) of Section 488 of the Code of Criminal Procedure. On revision, the aforesaid order has been affirmed by the Fourth Additional Sessions Judge, Jabalpur. The Petitioner wife has, therefore, come up in second revision.