LAWS(HPH)-2001-11-5

MAST RAM Vs. SHANTI DEVI

Decided On November 05, 2001
MAST RAM Appellant
V/S
SHANTI DEVI Respondents

JUDGEMENT

(1.) This petition under S. 482 read with Ss. 397 and 401 of the Code of Criminal Procedure (here-after referred to as 'the Code') and Art. 227 of the Constitution of India is directed against the order dated 1-7-2000 passed by the learned Sessions Judge, Shimla, whereby the order of the Judicial Magistrate, 1st Class, Chopal dated 1-11-1999 granting maintenance to the respondent at the rate of Rs. 400.00 per month has been affirmed and the revision-petition preferred by the petitioner against the said order of the Judicial Magistrate has been dismissed.

(2.) Brief facts of the case are that the respondent filed a petition under S. 125 of the Code against the petitioner in the Court of the learned Judicial Magistrate, Ist Class, Chopal claiming maintenance from the petitioner at the rate of Rs. 500.00 per month on the grounds that the respondent who is married wife of the petitioner and have four surviving children out of the wedlock is being ill-treated by the petitioner and in the month of May, 1995 he gave her severe beatings, turned her out of the matrimonial house with warning not to return and thereafter the petitioner married one Satya on 18-1-1996. It is also claimed that the petitioner had refused to maintain the respondent who has no source of income and is unable to maintain herself.

(3.) The petitioner contested the petition wherein he took preliminary objections that the Court had no jurisdiction to entertain the petition and that the respondent was estopped to file the petition because of her acts, conduct and mis-deeds. On merits, the allegations of ill-treatment, turning the respondent out of the house with the warning not to come back to her matrimonial house and the petitioner having contracted second marriage with said Satya, were denied. It was also claimed that the respondent is having handsome income from agriculture and horticulture and is a skilled tailor and her monthly income is more than Rs. 3,000.00.