DURGA SHANKAR Vs. DHAPU BAI

JUDGEMENT

(1.) This revision petition is directed against the order dated 13-7-93, passed by the Judge, Family Court, Udaipur, by which the learned Judge of the Family Court allowed the application under Section 125 Cr. P.C. filed by the applicant-wife Smt. Dhapu Bai and awarded her maintenance @ Rs. 300/- per month to her and Rs. 150/- per month to each of her two daughters Kumari Seema and Kumari Kalawati with effect from 17-9-92.

(2.) Smt. Dhapu Bai, on 17-9-92, filed an application under Section 125 Cr. P.C. against her husband/petitioner Durga Shanker, for the grant of maintenance to herself as well as to her two minor daughters. It was alleged in the application that the marriage of applicant Smt. Dhapu Bai with petitioner Durga Shanker took place 15/16 years before and out of this wed-lock, two daughters, viz., Kumari Seema and Kumari Kalawati, were born to her. She was subjected to cruelty by her in-laws as well as by her husband and several times she was given beatings. She was not supplied even proper food and clothings by her in-laws and the husband. About 2 1/2 to three months before, when she was in the advanced stage of pregnancy, she was given beatings and was turned-out from the house and she is, now, living with her parents. The non-applicant has sufficient source of income amount to Rs. 3000/- per month and, therefore, she may be awarded the maintenance @ Rs. 1000/- per month for herself as well as for her two minor daughters. This application was opposed by the husband/non-applicant and the allegations made in the complaint regarding the cruel treatment to the wife were refuted. It was, also, alleged in the reply that applicant Smt. Dhapu Bai is living an adulterous life and is not entitled for any maintenance. It was, also, submitted in the reply that he saw her in the company of one Prem Shanker in a compromising position once in the field and for the another time in the cote (Bara) at 9.00 p.m. on 28-12-91. It is, also, alleged in the reply that the second daughter of Smt. Dhapu Bai was not born from his loin. The applicant-wife, in support of her case, examined herself as AW 1, her two brothers-in-law (Dewars) in distance relation, viz., AW 2 Jagdish Lal and AW 3 Bhagwati Lal. The petitioner-husband examined himself as NAW 1 and produced in his evidence his mother Smt. Kesar Bai as NAW 2. The learned Judge of the Family Court, after trial, came to the conclusion that applicant Smt. Dhapu Bai was subjected to cruelty and was turned-out from the house and the petitioner-husband has, also, levelled false allegations impeaching the character of his wife and has gone to the extent that she is living in adultery and has relations with Prem Shanker and as such the wife has justified reasons to live separately from her husband. The learned Judge of the Family Court has, also held that the husband has sufficient source of income while the applicant is unable to maintain herself as well as to her two daughters and, therefore, he awarded Rs. 300/- per. month as maintenance to the wife and Rs. 150/- per month as maintenance to each of her two daughters. It is against this order that the petitioner-husband has preferred this revision petition.

(3.) It is contended by the learned counsel for the petitioner that the petitioner has been able to prove that applicant Smt. Dhapu Bai is living an adulterous life and, therefore, she is not entitled for any maintenance. It has, also been contended by the learned counsel for the petitioner that Smt. Dhapu Bai has left the house of the petitioner without any justified reasons and, therefore, she is not entitled for any maintenance on both these counts. The learned counsel for the respondents, on the other hand, has supported the order passed by the Court below.