AMAR CHAND DUDEJA Vs. KAKO DEVI

JUDGEMENT

(1.) This revision petition has been preferred against the order of Additional Sessions Judge, Sonepat dated 17.7.1987 vide which he had set aside the order of the Judicial Magistrate 1st Class dated 1.4.1987 dismissing the application of Smt. Kako Devi for grant of maintenance allowance under Section 125 Cr. P.C., and granted maintenance of Rs. 300/- per month to the respondent-wife against the petitioner-husband Amar Chand Dudeja, from the date of that application i.e. 5.11.1985.

(2.) Brief facts stated in the maintenance application filed by Kako Devi-respondent, are that she was married with Amar Chand-petitioner at Gannaur in' the year 1954 and they had three sons and two daughters from their wedlock and all their childern are married. The petitioner-husband was not keeping the respondent-wife with dignity and was giving her beating and causing mental and physical torture and had expelled her from his house so many times for different period. Since 28.9.1985, she was turned out of the House by the petitioner-husband and she was threatened with dire consequences if she joined the petitioner husband at Panipat. It was then stated by Kako Devi that she was having no source of income or property to maintain herself. The petitioner was employed as a Railway Guard and drawing salary of Rs. 2,000/- and rent-free accommodation and was under a statutory and moral obligation to maintain her. Kako Devi-respondent claimed maintenance of Rs. 500/- per mensum from the petitioner.

(3.) The petitioner-husband admitted the marriage and also admitted that five children were born out of the wedlock and they all are married. He also admitted that he was employed as Guard in the Railway. He further stated that the respondent-wife was never insulted, tortured or humiliated. He then averred that the respondent-wife was of suspicious nature and she had deserted him. He denied to have ever neglected or refused to maintain her. He added that he had sought voluntary retirement from his service. He, therefore, prayed that the application of Kako Devi, be dismissed.