BIRBAL Vs. SHARBATI

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal -Procedure (hereinafter referred to as the Code) relates to the quashment of order of the Judicial Magistrate 1st Class, Hisar dated 14.9.87 and that of Sessions Judge, Hisar dated 29.9.89 whereby maintenance at the rate of Rs.300/ - per month had been granted in favour of Smt.Sharbati against her husband Birbal (the present petitioner) under Sec. 125 of the Code.

(2.) In brief facts relevant for the disposal of this case are that marriage between the parties was solemnized on 25.3.78. No child was born out of the said wedlock. After the marriage they could not pull on together, and, the husband turned out his wife. Initially there was a compromise but the parties could not live together and started living separately from each other. It was also pleaded that the wife was tortured by the husband and on that account she is living with her parents and is unable to maintain herself It was further pleaded that the husband was working as a clerk in a brick -kiln and was earning Rs. 1,000/ -per month.

(3.) The learned counsel for the parties were heard.