SANTOSH Vs. PAL SINGH

JUDGEMENT

(1.) THIS petition is directed against the order of Additional Sessions Judge, Karnal, dated 5th August, 1991, whereby the order of the Judicial Magistrate 1st Class, Karnal, dated 15,3. 1991 granting Rs. 300/- per month as maintenance allowance to the petitioner-wife from the date of the said application was set aside.

(2.) BRIEFLY stated the facts of the case are that Smt. Santosh moved petition under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for grant of maintenance allowance from her husband Pal Singh on the averments that after solemnisation of the marriage they lived together as husband and wife at village Goli. No child was born out of the said wedlock. She was treated with cruelty by her husband and was even denied basic necessities of life like food and clothing. She was called as Banjh, and was turned out the house in bare clothes on 27. 11. 1981. Her husband Sled petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) on 27. 6. 1982. In those proceedings parties compromised and the petitioner lived with her husband after 11. 9. 1982 for a period of one year. During this period her husband mal-treated her and ultimately turned her out of his house on 11. 8. 1983. The respondent threatened her that she will not keep her as his wife and the petitioner is now, living with her father. It was also pleaded that her husband Pal Singh had contracted a second marriage with one Sunita. It was further pleaded that her husband is posted as Clerk in Canal Department at Kaithal and gets Rs. 1500/- as his salary whereas petitioner-wife is an illiterate lady and has no source of income to maintain herself.

(3.) THE respondent-husband in his reply admitted the factum of his marriage with the petitioner. According to him, after their marriage they led marital life till 27. 11. 1982 when his petitioner-wife left her matrimonial home in his absence. She did not return and the respondent was compelled to file application under Section 9 of the Act against her. The petitioner-wife agreed to live with the respondent-husband on the intervention of the Court. Thereafter both the parties lived peacefully from 11. 9. 1982 for a period of one year and that the petitioner-wife had herself left the matrimonial home without any reasonable cause. It was next pleaded that village Panchayat was convened on 9. 6. 1983 and an agreement was executed to the effect that the petitioner-wife wants dissolution of marriage and that nothing remained due to her. On the same day i. e. on 9. 6. 1983 she went along with her father without any sufficient cause. Allegations of cruelty were denied and it was maintained that the husband never neglected or refused to maintain her. Rather it was pleaded that the wife herself had withdrawn from the Company of the respondent-husband without any sufficient cause. The respondent pleaded that he is getting salary of Rs. 700/- per month out of which he has to support his aged old parents. It was further pleaded that he made efforts so that the petitioner-wife may come back to her matrimonial home but in vain and that petition under Section 125 of the Code is false and frivolous and was liable to be dismissed.