ANGOORI Vs. PHOOL KUMAR

JUDGEMENT

(1.) THIS revision petition has been filed by Smt. Angoori Devi against the order dated 23.8.1996 passed by the learned Sessions Judge, holding that the petitioner-wife was not entitled to any maintenance under Section 125 Cr.P.C.

(2.) THE facts in brief are that Smt. Angoori Devi-petitioner had filed a petition under Section 125 Cr.P.C. against her husband-Pool Kumar, respondent seeking Rs. 750/- per month as maintenance under Section 125 Cr.P.C. In the said petition, it was alleged that the respondent-husband was working in Delhi Electricity Supply Undertaking and is a Government Servant and is getting Rs. 1500/- per month as salary (this petition is dated 15.3.1986). It was alleged that she was unable to maintain herself and was an illiterate lady. Accordingly, she claimed Rs. 750/- per month as maintenance under Section 125 Cr.P.C. The said petition was contested by the respondent-husband. It was alleged that the petitioner-wife had voluntarily left the matrimonial home on 25.11.1985 and since then she is living with one Bhim Singh, an ASI in Haryana police and is living in adultery and that she and her paramour, Bhim Singh (dismissed ASI) were living immoral life. It was alleged that she was living in adultery and she was not entitled to any maintenance under Section 125 Cr.P.C.

(3.) AFTER hearing both sides the learned Sessions Judge vide order dated 23.8.1996 found that Smt. Angoori Devi had voluntarily left the matrimonial home and now she was living in adultery (with ASI Bhim Singh) after parting company with her husband and as such she was not entitled to any maintenance under Section 125 Cr.P.C. Resultantly, the order passed by the learned Magistrate was set aside. Aggrieved against this order of learned Sessions Judge, Smt. Angoori Devi-wife filed the present revision petition in this Court.