TRILOK CHAND Vs. MAGNADEVI AND STATE

JUDGEMENT

(1.) This criminal misc. petition under section 482 Code Criminal Procedure is against the order dated 9-5-1980 of Additional Sessions Judge, Sirohi, whereby criminal revision filed by the petitioner was dismissed.

(2.) Briefly stated the relevant facts are these. Non-petitioner Magnadevi filed a petition under section 125 Code Criminal Procedure in the court of Munsif and Judicial Magistrate, Sirohi with the allegation that she was not married to Trilok Chand according to the custom prevalent in the community in year 1972. After a year Trilok Chand left her and, therefore, she filed a petition for maintenance. The parties filed a compromise and, therefore, it was dismissed. In the compromise petition, Trilok Chand has unequivocally admitted that Magnadevi was his wife. Trilok Chand again neglected and refused to maintain Magnadevi. It is further alleged that Trilok Chand is a class IV Railway employee drawing a salary of Rs. 250 p.m. Magnadevi has no source of livelihood. She claimed Rs. 100 p.m. for maintenance. The learned trial as well as the revisional court came to conclusion that Magnadevi was the married wife of Trilok Chand and that she should be paid maintenance at Rs. 100 p.m.

(3.) It is argued by the learned counsel for the petitioner that from the record it is not established that Magnadevi had been married to Trilok Chand. In any case the petition is not maintainable because it was not alleged in the petition that Magnadevi was unable to maintain herself. On the other hand the learned counsel for the non-petitioner supported the judgment of the two Courts below and further argued that the scope of Sec. 482 in such circumstances is very narrow and it is not a fit case where the inherent power of this court should be exercised. I have considered the rival submissions. Normally this Court will not interfere in a petition under Sec. 482 filed by the petitioner where he is availed of the legal remedies available to him under the law. In this connection I may refer to the following observations made in the case of Madhu Limaye Vs. State of Maharashtra, AIR Bombay 47 :-