GERKI Vs. DUDA RAM

JUDGEMENT

(1.) THIS miscellaneous petition is directed against the order dated 4 -2 -93, passed by the Additional Sessions Judge, Sojat (district Pali) by which the learned Additional Sessions Judge partly allowed the revision petition, filed by the petitioner, maintained the order granting maintenance passed by the learned Munsif and Judicial Magistrate, Jaitaran, and allowed Rs. 300/ - for medical expenses.

(2.) APPLICANT Smt. Gerki W/o Duda Ram filed an application under Section 125 Cr.P.C. on 21 -1 -82 for the grant of maintenance to her. This application was opposed by the husband, viz. Duda Ram. The case of the applicant petitioner, as unfolded in the petition, is that she was married to Duda Ram about twenty -eight years before and lived with him upto 5 -10 -80, when she was turned -out from the house by the husband and her husband contacted second marriage with one Mst. Gugli and, now, they are living as husband and wife. Applicant Smt. Gerki, therefore, claimed that she may be awarded Rs. 250/ - per month as maintenance and she should, also, be awarded Rs. 500/ - for medical expenses. This application was opposed by the husband. It has been admitted by the husband that the applicant Smt. Gerki lived with him as his wife for about twenty years but as no child was born out of this wed -lock, therefore, on her own request and persuasion he contacted Natra -marriage with Mst. Gugli about fifteen years before and even thereafter the petitioner Smt. Gerki lived with him. She left his house with her own accord on 5 -10 -80. The allegations of cruelity was, also , denied and it was stated that the applicant herself is earning lady and is able to maintain herself and, therefore, she is not entitled for any amount of maintenance. The applicant, in support of her case, examined herself as PW 1 and produced in her evidence PW 2 Prema, PW 3 Rashul and PW 4 Man Singh Bhandari. The non -applicant, in defence, examined himself as NAW 1 and produced NAW 2 Bhoma Ram, NAW 3 Gayad Ram, NAW 4 Mishri Lal, NAW 5 Suja Ram, NAW 6 Duda Ram, NAW 7 Chhagna Ram, NAW 8 Heera Ram and NAW 9 Bhera Ram. The learned Magistrate, after trial, came to the conclusion that the applicant is unable to maintain herself and she has been neglected by her husband and as the husband has contacted second marriage, therefore, she has reasons to live separately from the husband. The learned Magistrate, therefore, awarded a sum of Rs. 125/ - per month as maintenance from the date of filing the application, i.e., with effect from 21 -1 -82. No appeal or revision against this order has been filed by the husband but the petitioner, looking to the inadequacy of the amount of maintenance, filed revision petition, which was decided by the learned Additional Sessions Judge, Sojat. The learned Additional Sessions Judge, Sojat, maintained the order, passed by the learned Magistrate so far as the grant of maintenance is concerned, but, however, he awarded Rs. 300/ - as medical expenses to the wife. It is against this order that the petitioner has filed the present miscellaneous petitions.

(3.) I have considered the submissions made by the learned Counsel for the parties.