GH HASSAN GANAI Vs. MST RAJA BIBI

JUDGEMENT

(1.) THIS revision petition arises out of an application under Section 488 Cr. PC allowed by Munsiff. Judicial Magistrate 1st Class Magam by his order -dated March 12. 1971. The applicant before the trial Magistrate was one Raja Bibi (hereinafter called 'the petitioner1 ). She claimed maintenance from her husband Ghulam Hassan Ganai (hereinafter called 'the respondent') for herself and her minor daughter from him. The claim proceeded on the allegation that she was lawfully wedded wife of the respondent for the last fourteen years; tfiat she was all along ill-treated by the respondent, that she as also her daughter have been completely deserted by the respondent for the last nine years during which Ihe has not paid any maintenance to them despite the fact that he is a man of substance: and that he has also refused to allow her to live with him.

(2.) THE respondent resisted the application on the ground that the petitioner had gone to her parental house with his permission but didn't return and didn't also subsequently come to live with him despite offers made by him and that he was even now prepared to keep her as his wife and to live with her.

(3.) ON consideration of the evidence the trial magistrate found that the applicant had proved tihe allegations made in her application. In that context he allowed maintenance to the jpetitioner at the rate of Rs. 15/- p. m and also granted maintenance to her daughter at Rs. 10/p. m. from the date of the application. The respondent went in revision to the Sessions Judge. Srinagar who by -his order dated December 29. 1971. dismissed the same, Hence this further revision.