SUMANGLA DEVI Vs. MEHAR SINGH

JUDGEMENT

(1.) Challenging the dismissal of petition under Ss. 125 and 127 Cr.PC, by Judicial Magistrate as well as by appellate Court, the lady has come up before this Court.

(2.) The facts of the case have been mentioned in detail by learned trial Court as follows:-

(3.) Learned Chief Judicial Magistrate, after considering the proceedings in detail and after hearing the parties, gave a detailed judgment and in Paragraph-11 held that respondent had handed over the possession of about 2 - 1/2 -3 Kanals of land in favour of strained wife. Learned Court also observed that the applicant could not establish that the husband had caused any obstruction in cultivation or enjoyment of the said land. In fact, in Paragraph-11, learned Chief Judicial Magistrate went on observing that the said piece of land was still in possession of the applicant and she is enjoying the usufruct thereof. Learned trial Court also held that there is no evidence to prove that the respondent was having monthly income of Rs.10,000.00.