SARDAR HARVINDAR SINGH Vs. AMRIT KAUR

JUDGEMENT

(1.) This application is directed against an order dated the 3rd June, 1982 passed in a proceeding under section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), by which the opposite party has been granted maintenance at the rate of Rs. 500 per month.

(2.) The opposite party had filed an application for maintenance under section 125 of the Code on 24. 10-1981 in the court the Chief Judicial Magistrate, Muzaffarpur, against the petitioner.

(3.) The opposite party had alleged that she was married with the petitioner in the year 1977 and had lived as husband and wife performing all the obligations of a legally married wife. After a few years, the parents of the petitioner started ill treating her and that appeared to be for extracting wealth in lieu of dowry. The relationship so deteriorated that it had become impossible for the opposite party to live with the petitioner along with his parents. The petitioner had also been influenced by his parents and ultimately he bad also started ill -treating the opposite party. She was subjected to both physical and mental torture. Even she suspected poisoning at the hands of the petitioner and his parents.