GEETA KUMARI Vs. SHIVA CHARAN DAS

JUDGEMENT

(1.) THIS is a dispute between a husband and his wife arising out of a proceeding under Section 488, Criminal Procedure Code.

(2.) THE controversy has had a chequered career. The wife made an application under Section 488. Criminal Procedure Code, on October 22, 1966, before the City Magistrate, Jaipur, on the ground that the husband was refusing to maintain her. The learned City Magistrate recorded some evidence relating to the question of jurisdiction but eventually, he decided it in favour of the wife and awarded her a sum of Rs. 100/- per month by way of maintenance. The husband was aggrieved. He moved a revision application and the learned Additional Sessions Judge No. 2, Jaipur City, by his order dated July 5, 1971, recommended to the High Court that the order be set aside, because the wife had not led any evidence to substantiate her claim for maintenance and ell the evidence that had been led was with regard to the question of jurisdiction. The matter reached this Court and the learned Judge of this Court, by his order dated November 22, 1971, accepted the reference and directed the learned Magistrate to record the evidence of the parties on merits and decide the case in accordance with law.

(3.) WHILE this controversy relating to maintenance was afoot in the Criminal Court, the husband instituted proceedings for the restitution of conjugal rights before the learned District Judge, Jaipur City. Therein, the wife moved an application for grant of maintenance of alimony pendente lite. The fate of that. application was against the wife, By this order dated August 16, 1972. the learned district Judge disallowed the application for alimony pendente lite and granted a decree for restitution of conjugal rights to the husband, Dissatisfied, the wife travelled to this Court and, by a judgment of this Court dated March 28, 1973, her appeal was dismissed. This fact is not disputed by the learned Counsel for the wife and the certified copy has been produced before this Court by the learned Counsel for the husband.