NIRMAL DASS Vs. USHA DEVI

JUDGEMENT

(1.) NIRMAL Dass has filed the present revision petition assailing the order dated 5. 7. 1991 passed by learned Chief Judicial Magistrate, Jagadhri, whereby interim maintenance of Rs 400/- per month was allowed to Usha Devi wife of the petitioner.

(2.) USHA Devi filed an application under Section 125 Cr. P. C. for grant of maintenance on the allegations that she was married to the petitioner on 1. 2. 1990. The relations between the parties remained cordial for about three months but thereafter the petitioner started maltreating her and putting forward demand for more dowry articles such as television, scooter, cooler etc. On 14. 9. 1990 she was again merciless beating and was turned out of the house. Her father visited the village of the petitioner along with Bachna Ram, Bakhtawar Ram and Sarwan but the petitioner did not listen to them. She had been deliberately deserted by the petitioner. The petitioner was drawing a salary of Rs. 3000/- per month while she had no source of income. Hence the petition. She also prayed for interim maintenance. After hearing the Counsel for the parties interim maintenance was allowed to her from the date of the application i. e. 17. 1. 1991.

(3.) THE petitioner contended that there were no specific allegations in the application for grant of maintenance that the petitioner had refused or neglected to maintain her. Rather there was absolutely no justification for the wife to live separately from the petitioner. She had deserted the matrimonial home without sufficient cause and was not entitled to interim maintenance.