SMT. MANA BAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed by the petitioner challenging the order dated 14.03.2000 passed by the learned revisional court whereby he has partly allowed the same and modified the order of maintenance passed by the learned Magistrate.

(2.) On an application for maintenance, the learned Magistrate had awarded an amount of Rs. 500.00 to the petitioner and Rs. 400.00 to her son. The said application for maintenance was contested by non-petitioner on the ground, inter alia, that the petitioner had been living separately without any just reason and she had illicit relation with a person at her parental home, as a result of which she has sustained pregnancy. The learned Magistrate while considering the facts and circumstances as well as the evidence on record and taking into consideration that the non-petitioner had failed to establish that the petitioner had sustained pregnancy while living in adultery, it gives a just cause for the petitioner to live separately from her husband, as such like allegations are sufficient to compel her to live at her parental home.

(3.) The learned revisional court had taken note of the factual aspect of the matter but while arriving to the conclusion in respect of insufficient cause of the petitioner to live separately from her husband, he had only taken into consideration two aspects of the matter namely, that the husband was habitual of drinking and that he had also given beating to the petitioner. On such ground alone, the learned revisional court had come to the conclusion that it was not a sufficient reason for the petitioner to live separately and as such she is not entitled for maintenance.