ROOP RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS misc. petition is directed against the order dated 13.5.1998 passed by the learned Additional Sessions Judge, Pali upholding the order of maintenance dated 6.2.1998 passed by the Chief Judicial Magistrate, Pali.

(2.) MR . Kumbhat contends that the petitioner -husband was not afforded adequate opportunities of leading evidence, and the Trial Court erred in rejecting the application of the petitioner for adjuring the case. Mr. Kumbhat prays that the case be remanded for giving opportunity to the petitioner for leading evidence. On the other hand, the learned Public Prosecutor supports the order of the Courts below.

(3.) EVEN on merits, the petition cannot be allowed. A perusal of the order sheets of the case shows that the case was fixed for evidence of the husband -petitioner on 18.12.1997, 3.1.1998, 12.1.1998, 19.1.1998 and 28.1.1998. On three dates the witnesses, who were present, were examined. On 28.1.1998 the evidence of the petitioner -husband was closed. The learned Chief Judicial Magistrate has observed that the petitioner was not prevented from bringing his witnesses on account of election work as by that date even the ballot papers had not been printed and the petitioner's duty was in the Postal Ballot Cell.