DES RAJ Vs. MEENA RANI

JUDGEMENT

(1.) MEENA Rani (wife) instituted petition under Section 125 of the Criminal Procedure Code against her husband Des Raj whereby she claimed maintenance to the tune of Rs. 1,000/-per month. It has been alleged by her that her husband is a drunkard. He has neglected her and has refused to maintain her. Her husband is a tailor at Chandigarh earning Rs. 200/250 daily. Besides, he owns landed property in V. Chak Meerpur which yields him income to the tune of Rs. 50,000/- per year. She on the other hand has no means wherewith to maintain herself.

(2.) RESPONDENT -husband resisted the prayer of the wife that the wife is not entitled to maintenance as she was indulging in adultery. Husband is supposed to maintain his wife if she is faithful to the marriage bed. She was caught red- handed in the act of sexual intercourse with the husband of her sister namely Ranjit Singh. It was denied that he ever neglected or refused to maintain his wife. She left the matrimonial home of her own with a 11 her ornaments and clothes. It was denied that he is running any tailoring business. He has no sufficient source of income to maintain his wife. He has to maintain his aged parents, younger brothers and sister. She is on the other hand is a matriculate and an embroiderer and earning Rs. 50/- daily. She can well maintain herself with her own earnings.

(3.) AGGRIEVED from this order dated 23. 11. 1995 passed by the Magistrate husband (Des Raj) has come up in revision to this Court.