PREMA BAI Vs. KANCHHEDILAL

JUDGEMENT

(1.) APPLICANT Prema Bai is the deserted wife of respondent Kanchhedilal. A joint petition was filed by her and her daughter Kanti for maintenance under Section 125 of the Code of Criminal Procedure alleging that the respondent had left them unprovided for, and was living in a separate house with another woman. He was admittedly an employee of the vehicle factory being Artisan Grade A, and had sufficient means to maintain them.

(2.) THIS petition was filed in September, 1993. It was opposed by the husband who repeatedly averred that both the applicants were women of loose character and that he was living away from his wife since 13. 11. 1993 in a rented house because he cannot live with this adulterous woman anymore. He alleged that his wife was living with his friend Sampatlal as his wife.

(3.) THE learned trial Judge disallowed the claim of the daughter as she was a married woman. As for the wife, the learned Magistrate held that she had failed to prove that she had any just ground to live away from her husband who had offered to keep her with him as his wife. The petition was therefore dismissed.