KUNTIBAI Vs. ALAKHRAM JAGGULAL

JUDGEMENT

(1.) THIS application Under Section 482 of Criminal Procedure Code is directed against the order dated 29-1-1998, in Cr. Rev. No. 43/94, by 1st A. S. J. , Durg, affirming the order dated 20-1-1994 in Cri. Case No. 72/93, by Judicial Magistrate First Class, refusing to grant maintenance to the petitioner/wife.

(2.) THE petitioner/wife who was married to the non-applicant/husband about 30 years prior to the filing of the application had four daughters from him, alleged that the non-applicant/husband has refused to maintain her for the last 12 years, and that she is unable to maintain herself, as she is a labourer. It was alleged by her that the non-applicant/husband had developed illicit relations with another woman, on account of which, he started misbehaving and torturing the petitioner/wife and turned her out from his home.

(3.) THE learned Judicial Magistrate First Class before whom application Under Section 125, Criminal Procedure Code was filed, has found that there was no justification for the petitioner/wife to live separately from the non-applicant/husband, and that the non-applicant/husband has no means to maintain the petitioner/wife. It was further held that the petitioner/wife had sufficient means to maintain herself, accordingly her petition for grant of maintenance was dismissed.