PEERDAN SINGH Vs. MATHRA DEVI

JUDGEMENT

(1.) The learned Additional Sessions Judge, Ferozepur has forwarded this case on revision with a recommendation that the order of the learned Magistrate 1st Class, Fazilka under Section 488, Criminal Procedure Code awarding Rs. 60/- P.M. as maintenance to Smt. Mathra Devi, wife of Peerdan, be set aside.

(2.) According to the order of the learned Magistrate, Mst. Mathra Devi was married to Peerdan about seven years ago. The husband, according to the wife's allegations is a drunkard and keeps illicit relations with other women and when Mst. Mathra Devi tried to stop him from doing so, she was given beating by him. About five years ago as a result of the beating she suffered a fracture of her leg and was also turned out of her husband's house (her matrimonial house) when she went to her parents' house without clothes and without her ornaments. She was taken to Bikaner hospital for treatment where her leg had to be amputated. Attempts to persuade the husband to keep her as a wife proved futile. Peerdan also attempted to get married to a minor girl Smt. Amar Vati, daughter of one Ganga Ram in village Azimagarh but Smt. Mathra Devi on coming to know of it made an application to the competent Court and the marriage was ultimately stopped by the Court under the Child Marriage Restraint Act. Shri Peerdan during all this period of his marriage with Smt. Mathra Devi never paid any expenses to her. Her own parents being poor people, they were unable to maintain her permanently. Peerdan has also been alleged to be the only son of his father and owns 50 bighas of land. Peerdan's father has also been stated to be a Mukhtar of one Ch. Lakshmi Narain whose land comprising of about 1100 bighas is cultivated by him on payment. A sum of Rs. 200/- per mensem was claimed by the wife on account of maintenance.

(3.) While contesting this claim, Shri Peerdan admitted his marriage with Smt. Mathra Devi but denied having caused injuries to her resulting in the fracture of her leg. According to the husband Smt. Mathra Devi while living with her parents in village Danger developed some disease in her leg for treatment of which she was taken to Bikaner hospital where her leg was amputated. According to him, his father alongwith Ch. Lakshmi Narain went to Bikaner hospital and paid her Rs. 500/- for expenses and treatment the amount having been taken from Ch. Lakshmi Narain. According to the husband's averments it was Smt. Mathra Devi who was not prepared to come and live with him as she had made up her mind to renounce the world and adopt Sanyas.