HARBANS LAL Vs. BIASO

JUDGEMENT

(1.) SESSIONS Judge, Kathua, has made a recommendation to this court to the effect that the proceedings u/s 488 of the Code of Criminal Procedure, instituted by Mst. Biaso against her husband Harbans Lal pending before the Munsiff, Judicial Magistrate 1st: Class, Hiranagar, be stayed till the disposal of the civil litigation under the Hindu Marriage Act pending in the court of District Judge, Kathua, between the parties.

(2.) FROM a perusal of the record it appears that Mst: Biaso filed an application u/s 488 Cr. Pr. Code for grant of maintenance on the ground that since June 1972 she had been turned out from the matrimonial house and ever since that day her husband had totally neglected her and the child of marriage. The application was filed on 20 -1 -1975. Objections to this application were filed by the husband on 7 -3 -1975 in which her right to maintenance was challenged, though, it was not denied that she is the lawfully wedded wife of Harbans Lal. It was stated in the objections that the wife had left him for the last four years without any reasons.

(3.) THE case u/s 488 Cr. Pr. Code was being tried in the court of Munsiff Judicial Magistrate, Hiranagar, and evidence was being recorded in that case. It appears that the husband subsequently filed an application u/s 9 of the Hindu Marriage Act for restitution of conjugal rights in the court of District Judge, Kathua.