PURAN CHAND Vs. PALO

JUDGEMENT

(1.) Puran Chand has filed this revision petition against the order of the Judicial Magistrate First Class, Ambala City, dated 17th April, 1984, granting maintenance to Shrimati Palo respondent.

(2.) The respondent filed a petition under section 125 of the Code of Criminal Procedure alleging therein that she was married to the petitioner on 17th May, 1981, that the petitioner had been maltreating her after the marriage, that due to the misconduct of the petitioner she was forced to leave her matrimonial home and stay with her parents and that she had no income of her own. Therefore, she claimed Rs. 350 as maintenance per month. The trial Magistrate directed the petitioner to pay Rs. 200 per month to the respondent as maintenance allowance. Aggrieved by the order of the Judicial Magistrate, the petitioner has come up in revision to this Court.

(3.) The plea of the petitioner before the trial Magistrate was that a divorce deed between the parties was executed in the presence of the panchayat and that, according to the custom of their community, such a divorce was recognised. The respondent in her statement before the Court admitted that divorce deed Exhibit D. 1 was executed between the parties and that there was a custom, in her brotherhood which recognised this form of divorce. She further stated all the ornaments and other articles given in dowry by her parents were returned by the other party in that, panchyat and that they had further agreed that both the parties would be at liberty to remarry. It was further admitted in the cross-examination that it was agreed that she would not claim any maintenance from the petitioner.