MANGAT RAM Vs. BALBIR KAUR

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure relates to quashment of order of the Additional Sessions Judge, Patiala, dated 14th Oct., 1988, whereby, the order of the Magistrate 1st Class, Patiala dated 10th Aug., 1987, granting maintenance to the wife at the rate of Rs. 200.00 per month, with effect from the date of application, i.e., 16th Aug., 1985, was upheld.

(2.) In brief, the facts relevant for the disposal of this petition are that the wife (present respondent) claimed maintenance from her husband, i e., present petitioner, at the rate of Rs. 500.00 per month, on the averments that the husband is not keeping her with him, and, after she was left at her parents' village, a few years after her marriage, he never came back and took her along. It is also alleged that in spite of the fact that her brother took Panchayats to the husband and asked him to keep her with him amicably, the husband refused to do so, and, asked for more articles and cash worth Rs. 50,000.00 as a condition precedent.

(3.) In his reply, the husband pleaded that his brother-in-law came and took his sister with him, and, thereafter she never came and lived with the present petitioner as his wife. He made several efforts for reconciliation, but his wife is living separately without any reasonable cause.