RAMESH CHAND SUBHASH Vs. VED KUMARI

JUDGEMENT

(1.) The marriage between Mst. Ved Kumari and Ramesh Chander alias Subhash took place on 10th December, 1981 at Hisar. Thereafter, they started residing together at the house of Ramesh Chander located in village Bawani Khera. The husband being not satisfied with the dowry given on the occasion of the marriage started maltreating his wife by insulting her. On her failure to fulfil the unreasonable demands of the husband he started giving her beatings. The husband had also put up a demand of refrigerator and scooter in April, 1982 but the wife refused to ask her parents to give these articles keeping in view their poor financial condition, which resulted in her turning out of the matrimonial house after giving beatings. The husband further directed her not to enter his house unless she fetches these articles from her parents. She then went to the house of her brother who in turn took her to village Nangthla where her parents resided. Her parents approached her husband on a number of occasions to rehabilitate her but he refused to do so. According to Mst. Ved Kumari her husband is a doctor and his monthly income is not less than Rs. 3,000/-. The husband also owns agricultural land whereas she has no source of livelihood. Under these circumstances, she filed an applic;ltion under section 125 Cr.P.C. on 24th March, 1986 claiming maintenance to the tune of Rs. 500/- per month from her husband. This application was resisted by the husband by refuting the above-referred allegations of demand of dowry or maltreatment. On the other hand, he maintained that she had left his home of her own accord on the pretext of attending the marriage of his cousin, but without his permission. The husband also averred that the behaviour of his wife towards his parents is not good. The husband further offered to rehabilitate his wife. It was also averred that the husband is a poor man and earns only Rs. 300/- per month and has no other source of income.

(2.) The trial Court after appraising the evidence led by both the parties awarded maintenance allowance at the rate of Rs. 300/- per month from the date of filing the application. The trial Court ignored the decree dated 3 1.8.1987 of restitution of conjugal rights obtained by the husband under the provisions of Section 9 of the Hindu Marriage Act on the ground that it has not since attained finality because the appeal against the judgment and decree of the Additional District Judge, Bhiwani is still pending before the High Court. It also weighed with the trial Court that the proceedings under section 9 of the Hindu Marriage Act were instituted after the institution of the proceedings under section 125 Cr.P.C.

(3.) Feeling aggrieved against the order of the trial Court, both the parties went in revisions which were disposed of by learned Additional Sessions Judge, Hisar vide order under assail before this Court. Both the revision petitions filed by the husband as well as by the wife for enhancement of maintenance allowance were dismissed by up-holding the order of the trial Court.