SHANTILAL Vs. RAJUBAI

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 30 -9 -88 of the Addl. Sessions Judge, Dhar camp at Sardarpur passed in Cr. Rev. 107/87 whereby while reversing the judgment of the Judicial Magistrate 1st Class, Sardarpur passed in M.Cr.C. 23/85 dated 10.8.87 the non -applicant wife has been granted maintenance of Rs. 75/ - per month from 30th Sept., 1988 i.e. from the date of the order of Revisional Court.

(2.) THE brief history of the case is that non -applicant wife Rajubai filed an application Under Section 125 Cr.P.C. before the Magistrate referred to above with the contention that she is married wife of Shantilal, applicant here, that he has kept one Bagdibai as his second wife. She is unable to maintain herself and, therefore, a maintenance allowance of Rs. 500/ - per month be granted to her. Applicant husband denied the claim and contended that Rajubai herself has deserted him and she refused to go to her husband in the Caste Panchayat.

(3.) BY way of additional pleading it was also contended that Rajubai is keeping nearly more than two Kms., of silver ornaments and nearly 3 to 4 Tola gold ornaments with her and she is able to maintain herself by doing the work in the agricultural fields and from the ornaments and property so held.