LAWS(MPH)-1982-10-33

DEV KUMAR JAIN Vs. KAMALA BAI

Decided On October 29, 1982
DEV KUMAR JAIN Appellant
V/S
KAMALA BAI Respondents

JUDGEMENT

(1.) THIS revision has been preferred by the applicant -husband against grant of maintenance to the non -applicant -wife at the rate of Rs. 150/ - per month under Section 125 of the Code of Criminal Procedure by the trial Magistrate.

(2.) IT is not in dispute that they were married in the year 1974 at Sagar according to Hindu rites and they lived together for about 2 1/2 years. The non -applicant had earlier filed. It, an application for maintenance on the ground of ill -treatment and cruelty and the same was withdrawn on the intervention of Panch as and the non -applicant started living with the applicant at Jabalpur. The non -applicant's case is that thereafter also the applicant and his parents continued to beat her and as a result she received injuries. This matter was reported to her father by the applicant's relations and he then sent a written report to the Hanumantal police station by registered post. Since they were not pulling on well, the non -applicant agreed to join the Shri Jain Bala Vishram Dharma Kunj, in Arah, district of Bihar but since the applicant had not sent the fees, she was sent back. She was again beaten by the parents of the applicant and her signatures were taken on stamp papers. Then she was reached to her parents place at Sagar by the applicant. The applicant is working as a Clerk in the High Court and getting a salary of Rs. 500/ - per month. Besides be is getting Rs. 200/ - per month as house rent and he has intervention of Panchas the application was money lending business from which he earns withdrawn but even thereafter the applicant about Rs. 1000/ - per month. She, therefore, and his parents used to ill -treat and beat her claimed maintenance at the rate of Rs. 250/ - and the non -applicant had no option but to per month. The applicant opposed the application Rs. 200/ - per month as house rent and he has money lending business from which he earns about Rs. 1000/ - per month. She, therefore, claimed maintenance at the rate of Rs. 250/ - per month. The applicant opposed the application saying that the non -applicant is a quarrelsome and obstinate lady and she refused to cohabit and render conjugal rights; whenever the applicant tried to cohabit she used to raise hue and cry spoiling the atmosphere in the house; inspite of the best efforts by the applicant and his family members she did not mend her behaviour nor improved herself; therefore, she was sent to the Ashram at Arah so that she may be more religious but she had hardly remained there for six months and due to her mis -behaviour and refusal to learn she was sent back to Jabalpur on 24 -1 -81 and on the next day on her insistence the applicant took her to Sagar and he came back as be bad to join his duties; the applicant is a poor clerk and he has to maintain his, aged parents and 4 unmarried sisters. The learned trial Magistrate accepted the contention of the non -applicant that she was being ill -treated and beaten by the applicant and his parents and she had no option but to leave the matrimonial home and this fact is amply proved from the letters written by the non -applicant to her father and the report lodged by him in the police station. There is also corroboration to this fact from the cross -examination of some of the applicant's witnesses and therefore she is entitled to maintenance. The applicant is getting a salary of Rs. 500/ - per month and besides he admitted that he gets house rent of Rs. 200/ - per month. So his income was about Rs. 600/ - per month. Accordingly maintenance at the rate of Rs. 150/ - per month has been awarded.

(3.) EX . P -l is the report sent by the non -applicant's father to the Hanumantal Police Station on -31 -7 -1979 about the cruel treatment towards his daughter. Exs. P -2 and 3 are the acknowledgment and registration receipt. It has been admitted by Parmanand (N.A.W. 4) that he had sent the letter (Ex. P -6) on 23 -9 -1979 to the non -applicant's father saying that her daughter had been beaten by the applicant and his family members. Ex. P -4 is an inland letter dated 15 -3 -1980 sent by Rattanchand Jain about such beating. Ex. P -5 is a letter sent by the non -applicant to her father about the ill -treatment. K.L. Shrivastava (N.A.W. 2), a colleague of the applicant has stated that when he went to the house of the applicant he learnt that there was quarrel and police came to enquire about the beating. Naresh Gadwal (N.A.W. 3) has also admitted about such an enquiry by the police. Hukumchand Jain (N.A.W.5), father of the applicant, has admitted that his son and the non -applicant were not pulling on well together and there was no love and affection between the two the applicant has also produced letters, Ex. D -1 to D -6. Ex. D -1 is a letter written by the non -applicant to her father and Exs. D.2 to D -6 are letters written by the teachers of the Ashram at Arab during her stay there. These letters only show that the non -applicant was not pursuing her religious studies properly and by her rude behaviour used to spoil the atmosphere there. It may be that the non -applicant was a quarrelsome and obstinate type of woman but that is no justification for m -treatment to her. That may be the reason for the frequent quarrels between the two and in -laws. However, this cannot justify the ill - treatment noted out to her. She was, therefore, within her rights to go away and live with her parents. Admittedly the applicant has not provided for her maintenance thereafter. It appears that the applicant has a step mother and four step sisters and they were also not pulling on well with the applicant. Looking to the status of the parties and that the applicant has to maintain his aged patients and four unmarried sisters and also himself. I think maintenance of Rs. 100/ - per month would he proper under the circumstances of the present case and maintenance of Rs. 150/ - per month would be excessive and beyond the means of the applicant. Taking the salary of the applicant to be Rs. 600/ - per month and a dependents including the non -applicant to be provided for, Rs. 75/ - is the average which would came to the share of each.