SUDESH RANI Vs. RATTAN LAL

JUDGEMENT

(1.) In the present misc. petition has been filed by Sudesh Rani against her husband-respondent. The claim in the main petition is for quashing the order dated 17.11.1985 (Annexure P.2) and the order dated 19.8.1994 (Annexure P.1), passed by the learned Addl. Sessions Judge and Judicial Magistrate 1st Class, Amritsar, respectively. The claim made by the petitioner before the Judicial Magistrate. 1st Class under Section 125 Cr.P.C. is for the grant of maintenance. She had claimed an amount of Rs. 1,000/- per month for herself. It was stated by the petitioner that in fact the wife was turned out of the matrimonial home after giving beatings and after maltreating her. She has claimed maintenance on the ground that she is unable to maintain herself whereas the respondent was duty bound in law maintain her.

(2.) Both the Courts below vide impugned orders Annexure P.1 and P.2, have declined the maintenance only on the ground that in fact as per the evidence, it was the petitioner-wife who had herself walked out of the matrimonial home and therefore, she was not entitled to maintenance.

(3.) During the pendency of the present criminal misc. an application i.e. Crl. Misc. No. 3418 of 1998 was filed by her claiming interim maintenance. Vide orders dated September 3, 1998, this Court had ordered the grant of the maintenance amount at the rate of Rs. 250/- per month as interim measure. A perusal of the orders dated September 3, 1998, shows that whereas the wife had claimed that she had no means, in reply the respondent-husband stated that petitioner was earning Rs. 2,000/- per month by stitching the clothes. However, it was not pointed out in the aforesaid reply that the wife had any regular income. The aforesaid order dated September 3, 1998 has remained in force since then and no grievance has ever been made against the same by the husband.