RATAN CHAND MATHUR Vs. DURGA DEVI

JUDGEMENT

(1.) THIS petition is directed against the order of the learned Judicial Magistrate No. 4, Jodhpur dated 19 -10 -1984 whereby the learned lower court has held that the petitioner be sentenced to one month's imprisonment for every default of Rs. 100/ -. In this case, Rs. 5,472/ -were due against the petitioner as maintenance allowance and therefore, the petitioner has been sentenced to 54 months' imprisonment.

(2.) AGGRIEVED against this judgment, the petitioner has filed this petition.

(3.) THE petitioner has submitted that the observations of the learned Magistrate about his mental sexual hunger and about the content of his wife that there is a danger to her life if she goes and lives with her husband is without basis. There is no evidence on record to substantiate these observations. However, he has admitted that he contracted a second marriage and his second wife died in the year 1973 and so, he is now entitled to have the company of his first wife.