NOKHI Vs. BARDU

JUDGEMENT

(1.) Shrimati Nokhi, wife of the respondent, approaches this Court and assails the order passed by Additional Sessions Judge, Mandi Division, in Criminal Revision No.4 of 1985 decided on 28.10.1985 in the absence of the petitioner.

(2.) The brief facts, giving rise to this petition, are that the petitioner and the respondent, aged more than 80 years - the respondent is stated only 9 months older than her-were roamed long ago. The respondent has had no issue from the petitioner. They fell apart and the petitioner is living away from the respondent for the last about 40 years. An application under Section 125 of the Code of Criminal Procedure was filed by her in the court of Judicial Magistrate, 1st Class, Sundarnagar on 3.12.79. The court, according to this decision, dated 26.12.1984 ordered the payment of Rs. 100/- per month by way of maintenance from the date of decision after coming to the conclusion that the petitioner was unable to maintain herself and the respondent had sufficient means and had neglected to maintain her.

(3.) The respondent moved the court of Additional Sessions Judge, Mandi, and the matter was proceeded ex-parte on 20.8.] 985 for failure of the petitioner to appear before the court. The appellate court set-aside the order of the Judicial Magistrate and came to the conclusion that Smt. Nokhi had 12 bighas of land with her and she cultivated it. On the basis of a certified copy of Jamabandi, the learned Additional Sessions Judge came to the conclusion that Bardu owned 25 bighas of land out of which half share had been given to Smt. Nokhi. Therefore, the court observed that both the parties owned the land in equal shares and it cant be said that Smt. Nokhi had no sufficient means to maintain herself.