BILQUIS BAI Vs. SHER KHAN ILAHI BUX

JUDGEMENT

(1.) THIS revision is directed against the order dated 16th January 1981, of the Sessions Judge, Guna, setting aside the order dated 7th March 1980, passed by the Judicial Magistrate First Class, Raghogarh, under section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') directing the non -petitioner -husband -Sher Khan (hereinafter referred to as the 'husband') to pay Rs. 75 as maintenance allowance to the petitioner -wife -Bilquis Bai (hereinafter referred to as the 'wife'), and dismissing the application for maintenance filed by the wife.

(2.) THE facts, relevant for the disposal of the revision petition, are as follows: -

(3.) THE learned counsel for the wife, in course of the arguments before me, challenged the finding of the learned Sessions Judge to the effect that the wife was able to maintain herself, and, as such, was not entitled to claim any maintenance from the husband. Arguments were also advanced on the point, as to whether the burden of proof of the wife's inability to maintain herself lay on the wife, or, the husband, or both? further, on the requirements of the pleadings in this regard.