SONI Vs. DHANNARAM

JUDGEMENT

(1.) THIS revision is preferred by petitioner Smt. Soni wife of Dhannaram against the order, dated June 9, 1976 of learned Munsif and Judicial Magistrate. Jodhpur District, Jodhpur dismissing her application for maintenance.

(2.) BRIEFLY stated the facts are these. Smt. Soni was legally wedded wife of non-petitioner Dhannaram. In the month of Jan. , 1968 Dhannaram turned her out from his house and she had to live with her parents. The petitioner, thereafter, moved an application for maintenance under Section 488, Cr. P. C. in the Court of Sub-Divisional Magistrate, Jodhpur on 4-6-1968 on the ground that she was unable to maintain herself. The petition was contested and the defence was that according to the custom, the petitioner was divorced on 11-3-1968 and a divorced wife could not claim maintenance. Somehow, the petition dragged on and in the meantime Cr, P. C, 1973 came into force. The case was, thereafter, transferred to the Court of Munsif and Judicial Magistrate, First Class, Jodhpur District, Jodhpur, The learned Magistrate arrived at the finding that the petitioner was divorced by her husband and, therefore, she was not entitled to maintenance under Section 488, of the Code. She could not get the benefit of Section 125 of the new Code, wherein a divorced wife also entitled to claim maintenance.

(3.) I have heard the learned Counsel for the parties and perused the record of the case carefully.