NIRPAT SINGH Vs. KIRANBAI

JUDGEMENT

(1.) THIS petition under Section 482, Cr. PC is directed against the order dated 13-1-98, passed by ASJ, Dindori in Criminal Revision No. 43/97, affirming the order dated 30-9-96, passed by ACJM, Dindori in MJC No. 41/94, granting maintenance under Section 125, Cr. PC to the respondent.

(2.) RESPONDENT Kiranbai being legally married wife on 1-9-94 filed application under Section 125, Cr. PC before ACJM, Dindori. Petitioner/husband resisted the application. Vide amendment dated 28-9-96, in reply to the application under Section 125, Cr. PC it has been asserted that as per caste custom, there had been a divorce between the parties on 14-6-96 and receiving rs. 18,000/- in lumpsum, she voluntarily surrendered her rights to maintenance. Vide order dated 30-9-96, the ACJM allowed the application and directed the petitioner to pay maintenance at the rate of Rs. 400/- p. m. to the respondent/wife. Being aggrieved, he preferred Criminal Revision No. 43/97 before ASJ, Dindori. The Court below also affirming the order passed by acjm, Dindori, dismissed the revision.

(3.) THE case of the petitioner/husband is that during the pendency of application under Section 125, Cr. PC, there had been a mutual divorce as per caste custom. On 14-6-96, accepting the divorce, the respondent received rs. 18,000/- lumpsum from the petitioner and voluntarily surrendered her rights to seek maintenance from the petitioner. She agreed to withdraw the proceedings on application under Section 125, Cr. PC pending before the acjm, Dindori. Evidence to this effect has been adduced. Nirpat Singh (D. W. 1) has stated that the matrimonial life of petitioner and respondent was not satisfactory and the respondent was residing with her parents. A suit for seeking dissolution of marriage was also filed by the petitioner. On the background aforesaid, there had been a caste panchayat on 14-6-96, wherein the respondent/wife agreed for a mutual divorce and received Rs. 18,000/-from the petitioner. She voluntarily surrendered her rights of maintenance. Document (Exhibit D-l) was accordingly executed and signed by Kiranbai (P. W. 1) and Nirpat Singh (D. W. 1 ). Bansu Singh (D. W. 2), Sukhram Singh (D. W. 3) are attesting witnesses of this document (Exhibit D-l) incorporating mutual divorce as per caste custom and receiving Rs. 18,000/- voluntarily surrendering the rights of maintenance. There is no evidence to contradict the aforesaid statements of Nirpat Singh (D. W. 1), Bansu Singh (D. W. 2) and sukhram Singh (D. W. 3 ). Accordingly, it has been proved that by executing exhibit D-l on 14-6-96, the respondent/wife obtained a mutual divorce as per caste custom and having received Rs. 18,000/-, voluntarily surrendered her rights of maintenance. Further, she had agreed to withdraw the pending proceeding under Section 125, Cr. PC. It is contended that even after divorce, the respondent/wife may seek maintenance under Section 125, Cr. PC. Section 127 (3), Cr. PC lays down :-