SUBHASH CHANDRA Vs. VIMLA

JUDGEMENT

(1.) The petitioner, who is the husband of the respondent, has filed this revision, which arises out of proceedings for maintenance instituted by the respondent wife, under Section 125 Cr. P.C.

(2.) The facts giving rise to this revision petition, say be stated, in brief, thus: the petitioner is the husband of the respondent, who lived as husband and wife for sometime. But thereafter because of Subhash Chandra Vs. Vimla cruelty the wife started living separately from her husband. The respondent, therefore, filed a petition for maintenance in 1976 but because of a compromise the same was dismissed on 29-10- 1977. Thereafter the respondent filed the present petition in 1978 on the ground that she was unable to maintain herself, her husband having failed and neglected to maintain her. That application was dismissed by the same was allowed by the lower revisional Court which awarded maintenance at the rate of Rs. 125/- per month. Hence this revision.

(3.) The learned lower revisional Court concerned with the finding of the learned trial Court that the respondent has failed to prove a case of physical cruelty. But the learned lower revisional Court granted maintenance mainly on the ground that the petitioner in his written Statement, while opposing the claim of the respondent had alleged that she was living in adultery though he did not pursue this point further in his evidence.