GOPALDASS Vs. CHANDRA KALA

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The petitioner is husband of the non petitioner Shrimati Chandra Kala. On ground of cruelty by the husband and his mother and sister, the non-petitioner is said to have been driven away and was compelled to live away from the petitioner. She filed an application under section 125, Code of Criminal Procedure for maintenance on the ground that her husband having sufficient means to maintain her has refused or neglected to maintain her. She claimed a maintenance of Rs. 150.00 per month, but the learned Magistrate after taking the evidence on and the means of the petitioner, awarded a sum of Rs. 100.00 per month as maintenance, but the petitioner still not being satisfied and filed a revision petition, and the learned revisional court modified the amount of maintenance to Rs. 75.00 per month.

(3.) It is contended by Mr. Arora, learned counsel for the petitioner that the non-petitioner wanted to live with the petitioner and the petitioner was willing to reciprocate and therefore it was not a case in which maintenance should have been awarded. The learned Magistrate has taken into consideration all the aspects of the matter, and the law is that inspite of the offer of the husband to maintain the wife on condition ' of her living with him the learned Magistrate may still pass an order of maintenance. In the instant case there were allegations that the mother-in-law and the sister-in-law of the non-petitioner used to maltreat the non-petitioner, and her living became difficult in the house, and the learned Magistrate after taking into consideration all these aspects of the matter, and not withstanding the offer of the husband to maintain her, pass the order of maintenance, while exercising the power under S. 482, Cr. P.C. the Court tries to see whether the exercise of the powers is necessary to prevent the abuse of the process of the court or to seek the ends of justice or to give effect to any order passed by the Court.