BACHUBAI Vs. DULESINGH

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 7 -10 -1983 passed by the Additional Sessions Judge, Jhabua, in Criminal Revision No. 40/85, whereby the order of maintenance passed by the Chief Judicial Magistrate, Jhabua, dated 25 -3 -1985, in Criminal Case No. 61 of 1994, had been reversed. The learned Magistrate on an application filed by the petitioner has directed to the opposite party herein for payment of Rs. 150/ - as maintenance to her.

(2.) THAT the petitioner has filed an application before the learned C.J.M., Jhabua, under Section 125 Cr.P.C. stating therein that she was married to the opposite party and she has given birth to a daughter. The marriage, according to the petitioner, has taken place 7 years before the birth of the daughter, in the month of Phalgun. The petitioner was assaulted by the opposite party and driven away from the matrimonial home. It was further stated that the petitioner's father bad gone to the house of the party alongwith her but the opposite party declined to keep her as he has married a second lady. The petitioner has further stated that she is unable to maintain herself and therefore, prayer was made for grants of maintenance at the rate of Rs. 300/ - per month.

(3.) THE learned C.J.M. by its order dated 25 -3 -1985, held that the petitioner is entitled for maintenance at the rate of Rs. 150/ - p.m. while directing for grant of maintenance to the petitioner, the learned Magistrate accepted her case that she was assaulted by the opposite party and driven out from the matrimonial home. The learned Magistrate further held that the opposite party as keeping another lady as his wife and in that view of the matter the petitioner was entitled to refuse to live with him.