DALLI Vs. AMRITLAL DHAKAD

JUDGEMENT

(1.) This revision petition under Sec. 397 read with Sec. 401 Cr. P.C. is directed against the order dated 30/4/1994 passed by the learned Additional Sessions Judge No.2. Chittorgarh whereby he set aside the order dated 6/12/1990 passed by the learned Munsif & Judicial Magistrate. Begun by which the applicant-petitioner was awarded maintenance allowance at the rate of Rs. 125.00 per month from the date of the application.

(2.) The brief facts of the case are that the applicant-petitioner filed an Application under Sec. 125 Cr. P.C. on 30/5/1983. It may be stated here that I he parties were married about 17 years ago. During this period the wife petitioner went to the husband/non-petitioner several times but she was treated with cruelty and was often beaten by her husband. On account of the above illtreatment meted out to her by the husband/non-petitioner, the wife-petitioner was compelled to leave her matrimonial house. The wife-petitioner has, therefore, alleged that the husband/non-petitioner has failed to discharge his marital obligations and by illtreating her he made her to leave her matrimonial house. On account of the above neglect and for want of proper means of her livelihood, the petitioner was compelled to file the above application.

(3.) The husband/non-petitioner contested the above application and controverted all the allegations made by her. He also made wild adulterous allegations against the wife-petitioner that she was having illicit relations with one Kashiram. He even went to the extent of alleging that the wife- petitioner openly protested him that unless the house taken near the house of said Kashiram, she would not live with him.