BIRWATI Vs. DHARAM SINGH

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the wife against the husband challenging the orders passed by the Courts below, whereby her petition under Section 125 Cr.P.C. seeking the grant of maintenance was dismissed by the Additional Chief Judicial Magistrate and the revision petition filed by her was dismissed by the Additional Session Judge, Gurgaon, upholding the order of the learned Magistrate.

(2.) THE facts in brief are that Smt. Birwati (wife) filed a petition under Section 125 Cr.P.C. against her husband Dharam Singh, seeking the grant of maintenance to her on the ground that she was the legally wedded wife of Dharam Singh. She claimed Rs. 1000/- per month as maintenance. The said petition was contested by Dharam Singh husband on various grounds including the plea that Smt. Birwati herself had left the matrimonial home in December, 1986, and the petition under Section 9 of the Hindu Marriage Act filed by him seeking restitution of the conjugal rights had since been decreed in his favour and as such she was not entitled to maintenance. Both the parties led evidence. After hearing both sides and perusing the record, the learned Magistrate dismissed the petition under Section 125 Cr.P.C. holding that the wife was not entitled to any maintenance since she had herself left the matrimonial home without any reasonable excuse and the husband had already obtained a decree for restitution of conjugal rights. Reliance was placed on the law laid down by this Court in the case of Piara Singh v. Satwant Kaur and Anr., 1998(2) C.L.R. 700. Thereupon, the wife filed a revision petition in the Sessions Judge against the aforesaid order of the learned Chief Judicial Magistrate. After hearing both sides and perusing the record, the learned Additional Sessions Judge dismissing the revision petition again placing reliance on Piara Singh's case (supra). Aggrieved against the same, the wife filed the present petition under Section 482 Cr.P.C. in this Court.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.