DURGA PRASAD Vs. BALA BAI

JUDGEMENT

(1.) THE respondent filed a petition under section 125 Cr.P.C. submitting that she was married with the petitioner about 25 years back and is not now keeping well. She remains sick and she has no means to maintain herself.

(2.) TO this application the exception was taken by the petitioner submitting that earlier when such an application was filed by the respondent under section 125 Cr.P.C., it was dismissed by the trial Court as the respondent herself stated that she was earning her livelihood by doing labour work. Although it had also appeared earlier in the evidence that some land had come to her share from her father but the application was rejected mainly on the ground that it was not proved that she was unable to maintain herself as she was earning the livelihood while working as labourer.