BHANWARI BAI ALIAS RAMJI BAI Vs. MOHD ISHAQ

JUDGEMENT

(1.) THIS petition is under Section 482 Cr. P. C. by Bhanwari Bai alias Ramji Bai in proceedings under Section 125 Cr. P. C. for awarding maintenance. The learned trial court arrived to the conclusion that the petitioner herself had gone to her father's house and did not return to the house of the non-petitioner inspite of several efforts made by non-petitioner in this regard He also found that the petitioner was unable to prove any torture of beating from the side of the non-petitioner. The learned Magistrate also came to the conclusion hat the petitioner is earning 100-150 per month and in these circumstances he dismissed the application filed by the petitioner. Aggrieved against the aforesaid order passed by the Magistrate the petitioner submitted a revision petition in the Court of Sessions Judge. Bundi. The learned Sessions Judge also by his order dated 17 2-1981 held that the non-petitioner was not guilty of ill-treating the petitioner and the petitioner on her own accord had left the house of the non-petitioner and was living with her father. The learned Sessions Judge however awarded an amount of Rs. 50/- per month by way of maintenance to the daughter of the parties, who was living with the petitioner. Aggrieved against the aforesaid order this application has been filed under Seciton 482 Cr. P. C. by Smt. Bhanwari Bai Mr. Dave learned counsel for the petitioner has contended that the non-petitioner has married another woman and this circumstance is sufficient to make the petitioner entitled for the maintenance. The learned counsel for the petitioner also submitted that the Courts below have not appreciated the evidence properly with regard to the ill-treatment given to petitioner.

(2.) I have gone through the judgment of the learned Sessions Judge dated 17-2-81, he has placed reliance on the statement of the non-petitioner and his witnesses to the effect that the non-petitioner tried his level best to keep the petitioner with him but the petitioner left the con petitioner and started living with her father. The petit oner waited for a period of two years and finding no other alternative contracted a second marriage. The parties are Mohamedons and there is no offence committed by the non-petitioner in contracting the second marriage. Both the courts below held that it was the petitioner who was guilty is not living with the non-petitioner, and if the petitioner on her own accord have left the house of the husband and is living with her father in these circumstances she can not be held entitled to any maintenance from the non-petitioner. This court cannot make a reappraisal of the evidence in a petition under Section 482 Cr. P. C. The learned Sessions Judge has also allowed Rs. 50/- per month as maintenance for the minor daughter living with the petitioner. In these circumstances I do not find any reason to interfere in the order of the learned Sessions Judge. 3. The application is accordingly dismissed. .