LADURAM Vs. RUKMA

JUDGEMENT

(1.) THIS is a reference by the Additional Sessions Judge of Ganganagar. It came up for hearing before a single Judge of this court and as there was some difference of opinion in two single Bench decisions of this Court on a point of law, he has referred this case to a Division Bench.

(2.) THE facts of the case are that the applicant Mst. Rukma is legally wedded wife of Shri Laduram. She was married about 24 years ago. She gave birth to eight children, but only two of them survived, who are daughters. Out of the two daughters, one is said to have been married and the other is minor of about thirteen years. Mst. Rukma's case is that she was beaten and turned out of the house by her husband about four months before the date on which she made an application for maintenance, but after a Panchayat her husband again took her back, and he again repeated the same behaviour and turned her out about a week before the date of her application. She further stated that when her husband was again approached by a Panchayat, he refused to maintain her or to take her back in his house. She stated that the income of her husband was about fifty thousand rupees per annum and she claimed a sum of Rs. 500/- per mensem for the maintenance of self and her daughter Her husband contested the petition and he stated that his wife had abandoned his house without his permission and that he did not turn her out or ill-treat her. He admitted that his income was about Rs. 15,000/-per annum. He also admitted that he had married a second wife about eight years ago and that he had a son from his second wife.