DAYALU RAM Vs. SAINU AND ORS.

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure is directed against the judgment passed by the learned Additional Sessions Jude (II), Shimla on 12.12.2014, whereby he allowed the revision filed by the respondents and awarded a sum of Rs. 1500/ - as maintenance to respondent No. 1. It is vehemently contended by Mr. B.N. Sharma, learned counsel for the petitioner, that once the petitioner had provided a house and orchard to the respondents, there was no reason for the learned Court below to have awarded maintenance as sine qua non for maintaining an application under Sec. 125 of the Code of Criminal Procedure is that the petitioner must be one who is "unable to maintain herself".

(2.) At the outset, it my be noticed that the relationship of husband and wife inter se the parties is not denied. If that be so, then it is not only the moral obligation, but a legal duty of a husband to maintain his wife by providing food, clothes and shelter, if not anything more. The law on the subject has been dealt in Vipul Lakhanpal v/s. Pooja Sharma and connected matter : 2015 (3) Him. L.R. 1529, wherein it has been held as under: - -

(3.) Adverting to the facts, it would be noticed that though the petitioner has set up a plea that he has already provided a house and orchard to respondent No. 1, but this plea was nowhere raised before the learned revisional Court and such a plea is, therefore, not available to the petitioner in the present petition.