GANGA RAM Vs. JAMNA & ANR.

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) On the application filed by the non-petitioners under Section 125, Cr.P.C. the Judicial Magistrate, Ladnu ordered maintenance at the rate of Rs. 1,000/- to non-petitioner No. 1 wife and Rs. 500/- to non-petitioner No. 2 son. The petitioner preferred revision petition before the Sessions Court which was dismissed by learned Addl. Sessions Judge, Deedwana vide order dated 8.9.2005 holding that the amount of maintenance determined by the Court below is perfectly just and does not warrant interference.

(3.) Counsel for the petitioner, referring to provisions of Section 125(4), Cr.P.C., contends that the non-petitioner wife herself chose to live separately without any reason, therefore, she is not entitled to maintenance. He vehemently argues that the deserter wife is not entitled to any maintenance from the husband and placed reliance upon the order of this Court dated 8.3.2006 passed in the case of Mahendra Kumar v. Shimla, 2006 (4) RDD 2150 (Raj.)