DIWAKAR SHARMA Vs. GAURI DEVI

JUDGEMENT

(1.) THIS is a husband's revision petition directed against the order of the learned Judicial Magistrate First Class, Rampur Bushahr ordering him to pay a monthly allowance of Rs. 150/- by way of maintenance to the respondent wife and to deposit a sum of Rs. 5. 000/- in her name.

(2.) NOTICE of the revision petition has been served on the wife intimating that February 23, 1977 has been fixed for the hearing of the case. No one appears on her behalf nor does she appear in person.

(3.) IT appears that on July 7, 1976 the wife filed an application Under Section 125 of the Criminal P. C. alleging that she was the lawfully wedded wife of the petitioner, that she was compelled to leave his consortium because of mal-treatment, that he had neglected her and the children, that one daughter remained unmarried, and that therefore an order should be made directing the husband to pay Rs. 150/- per month as maintenance to her, the same sum to the daughter and certain further amounts towards the cost of education and marriage of the other children. It was also alleged that the husband was a rich man and the owner of considerable landed property. The petition was resisted by the husband. He denied that he had ill- treated the wife, and pleaded that she had kept away from him without sufficient cause, and that he desired that she should live with him. He denied the wife's allegation that he was a rich man and the owner of such property.