RAJBALA Vs. SATBIR SINGH

JUDGEMENT

(1.) SMT . Raj Bala filed an application for maintenance under Section 125, Criminal Procedure Code, against her husband Satbir Singh Respondent and the learned trial Magistrate allowed maintenance of Rs. 100/- per mensem from the date of the application. Dissatisfied by the order of the learned Magistrate, the husband-respondent filed the revision petition before the learned Additional Sessions Judge, Karnal, who allowed the same and set aside the order of the trial Magistrate and dismissed the application of Raj Bala under Section 125, Criminal Procedure Code. Hence this revision petition by Raj Bala (wife) against the order of the learned Additional Sessions Judge, Karnal.

(2.) ADMITTEDLY , the parties were married in the year 1970. Thereafter they have been living together at various places. Out of their wedlock, one son was born in 1972 and he died in 1975. The relations between the husband and the wife became strained and the husband started mal-treating the wife and ultimately turned her out of the house on 9th June, 1980. Since then she is living with her parents.

(3.) THE trial Court found that the petitioner had no sufficient means and the husband (respondent) had neglected her and refused to maintain her. Marriage between the parties is not disputed. It is also not disputed that the petitioner is living separately from the husband since June, 1980 and the husband (respondent) is a Government employee and is drawing Rs. 700/- per month.