MALATI DASH Vs. RAJKISHORE DASH

JUDGEMENT

(1.) This is an application filed by the wife against her husband for maintenance, her application under section 125 of the Code of Criminal Procedure having been rejected by the learned Magistrate.

(2.) The petitioner filed an application before the Magistrate on the allegation that her husband (opposite party) ill-treated her and neglected to maintain her after eight years of their married life. This happened since her husband came in contact with bad companion to which the petitioner objected. According to the petitioner, the salary of opposite party is Rs. 350.00 per month and, therefore, she claimed at the rate of Rs. 150.00 per month.

(3.) Before the learned Magistrate, the petitioner examined 3 witnesses, but the opposite party did not examine any witness. Out of the three witnesses, petitioner herself has been examined, her father has been examined and one neighbour has also been examined. On discussion of the evidence, the learned Magistrate has come to the conclusion that there is no reason for the petitioner to leave the company of her husband and there being no proof of ill-treatment, the petitioner is not entitled to the relief claimed by her.