JUGAL KISHORE Vs. RAMA WIFE OF JUGAL KISHORE

JUDGEMENT

(1.) SHRIMATI Rama, respondent is the wife of Jugal Kishore, petitioner. She filed an application for maintenance under Section 125, Criminal Procedure Code against the petitioner on 30th September, 1981. The trial Court vide order dated 20th July, 1983, accepted the application and fixed the maintenance payable by the petitioner to the respondent at Rs. 250\- per month with effect from the date of the application. The petitioner filed revision against the order of the trial Court which was dismissed by the Additional Sessions Judge, Chandigarh, vide order dated 23rd April, 1984. The petitioner has assailed the adverse orders passed against him in the present petition under Section 482, Criminal Procedure Code.

(2.) THE Respondent is not living with petitioner. According to her, the petitioner has developed illicit relation with a married lady living in the adjoining room in the same house. The trial Magistrate as also the Additional Sessions Judge have found no substance in this allegation levelled by the respondent against the petitioner. The learned Additional Sessions Judge has opined that irrespective that the Respondent is not living with the petitioner without any good reason, she is entitled to maintenance under Section 125 of the Code of Criminal Procedure.

(3.) THE relevant portion of the Section 125, Criminal Procedure Code reads:-