ANANDIBAI Vs. SHANKAR

JUDGEMENT

(1.) THIS is a report made by the Third Additional Sessions Judge, Indore in a case under Section 488 of the Criminal Procedure Code which was tried by the Railway Magistrate Indore.

(2.) ANANDIBAI applied for the award of maintenance as against her husband Shankar on the grounds that the latter had neglected and refused to maintain her and their children. It is also alleged by the wife that Shankar used to indulge in drinking and gambling and has squandered all the family utensils and ornaments. Allegations of cruelty by having recourse to beating were also made.

(3.) A petition for revision of the order was submitted in the Court of Sessions by the applicant Anandibai. The learned Sessions Judge was of the opinion that the view taken by the Court below on the question of cruelty was not correct. He therefore examined the evidence on the question of cruelty. Reference in this connection was made by him to the statement of Budhiyabai the mother of the applicant Anandibai and those of witnesses Nathulal and Mohanlal barber. Their statements indicated that opponent Shankar often indulged in beating his wife. Defence witnesses Badalu and Narayan corroborated their statements by deposing about the fact that Anandibai bad lodged a complaint before the Panchayat regarding the beating given to her by her husband. In view of this evidence, which appeared to the learned Sessions Judge to be reliable, be was inclined to record a finding in favour of Anandibai that her husband had indulged in beating her. This was considered to be sufficient evidence of cruelty entitling her to refuse to live with her husband and yet claim maintenance. The learned Sessions Judge relied upon the decision reported in, A.I.R. 1950 Nag 168 Ganesh Sao Hari Prasad Sao Vs. Sm. Sheomala Devi for the view that if a wife has been ill -treated and there is ground for believing that if she returns, the ill -treatment will continue, then in that case the wife is entitled to live apart from her husband. He therefore held that the applicant Anandibai was entitled to maintenance from her husband in spite of the fact that she was not prepared to live with him. The amount of maintenance according to him ought to be fixed at Rs. 20 P.M. having regard to the income of the husband and the requirement of the applicant.