ASHOK KUMAR Vs. KAMLA DEVI

JUDGEMENT

(1.) THE present petition is not pressed against the minor respondents but the order dated 15.5.2007 passed in Cr. Revision Petition No. 45/10/2005 by the learned Additional Sessions Judge, Ghumarwin, affirming the order of Addl. C.J.M. awarding the maintenance to the respondent wife at the rate of Rs. 500/ - per month from the date of the petition has been challenged on the ground that the respondent -wife has refused to live with the petitioner without any sufficient cause, therefore, she is not entitled to claim any maintenance. This fact was ignorant by both the courts below, therefore, the order impugned qua the wife deserves to be set aside.

(2.) SHRI Ankush Dass Sood, Advocate for the petitioner -husband has placed reliance on Raghbir Singh v. Krishna, Vol. LXXXIV -182 PLR 768 a judgment of Punjab and Haryana High Court wherein it is held that the provisions of sub -rule (1) and (4) of Section 125 Cr.P.C. cumulatively, would show that even if the court comes to a finding that till the filling of the petition the husband had neglected or refused to maintain her, even then the Court would declined to pass an order of maintenance in favour of the wife, if the wife refuses without any sufficient cause to live with him.

(3.) TAKING support from the above legal precedents, the learned Counsel for the husband -petitioner forcefully argued that though there are concurrent findings of both the courts below against him but the courts below have misappreciated the evidence and misapplied the law, which has resulted into the miscarriage of justice. He contended that in fact there was no justifiable ground for the wife to live separately from her husband especially when her allegations are proved to be wrong whereas the petitioner was and is ready and willing to maintain her at her matrimonially place and not while residing at her parental house without any sufficient cause.