SMT. JITO Vs. BUTA

JUDGEMENT

(1.) A young wife has invoked the inherent jurisdiction of this Court challenging the order of the Additional Session Judge, Ferozepur where by her claim for maintenance against her husband was negatived, though initially conceded by the Court of first instance. The circumstances leading to this petition are these:

(2.) BOTH the parties led evidence. The trial magistrate considered the evidence and granted the Petitioner maintenance at the rate of Rs. 45/ - per mensum by recording findings, some of which may be reproduced:

(3.) I admitted this petition on 1st April, 1980 to test the legality of the view taken. During its pendency, the husband filed Criminal Miscellaneous No. 5047 of 1980 seeking permission to produce an attested copy of the judgment dated 30th October, 1979 passed by the matrimonial Court relating to the decision inter partes under Section 9 of the Hindu Marriage Act, 1955. The same was ordered to be heard with the main petition. The counsel for the Petitioner was appraised of the said judgment. The matrimonial Court allowed the petition observing as follows: