SARLA Vs. MAHENDRA KUMAR

JUDGEMENT

(1.) I have heard the learned counsel for the petitioner in this revision. Learned counsel for the non-petitioner is absent.

(2.) Petitioner Smt. Sarla was married to the non-petitioner Mahendra Kumar on Fagum Budi 9, Samvat 2026 corresponding to 2nd March, 1970 at Nagore. Both of them lived under the same roof for two and half years as husband and wife. It was alleged by the petitioner that thereafter she was beaten by the husband for six days and turned out from the house. Her father managed to send her back to her husband's house, but she was again turned out on Miti Ashadh 12, Samvat 2029. Non-petitioner went to Assam and never called her back. It was also alleged that non petitioner had remarried with a girl of village Mankiyachar on 17th July, 1975. No petitioner was not maintaining the petitioner. She, therefore, claimed maintenance under S.125 of the Code of Criminal Procedure.

(3.) Non-petitioner 3, Mahendra Kumar admitted that he was married with Smt. Sarla on 2nd March, 1970 and that he lived with her for two and half years. It was stated by him that his wife herself stopped living with him. He denied remarriage. He also alleged that Smt. Sarala imparts training in stiching and embroidery and earns about Rs. 600/- per month. The husband further stated that Smt. Sarla began to quarrel and used to compel him to live separately from his parents. He agreed to that also and remained tenant of Chainmal Prakashmal Bothra four months after the marriage. When the non-petitioner was out in Assam, Smt. Sarla developed intimacy and illicit relations with Ram Narain Compounder and started leading adulterous life with him. She being an unchaste lady was not entitled to maintenance. The trial Court held that the petitioner had failed to establish that she had no sufficient means to maintain herself. The trial Court also held that the husband was ready to keep Smt. Sarla with him but as she had developed illicit relations with Ram Narain Compounder, he could not succeed in persuading Smt. Sarla to live with him. It was believed that Smt. Sarla was teaching stiching and embroidery work and was able to maintain herself. On the basis of these findings the Judicial Magistrate, Nagaur dismissed the petition filed by Smt. Sarla.