BACHAI KALWAR Vs. JAMUNA KALWARIN

JUDGEMENT

(1.) On the merits this Rule clearly cannot succeed. The Honorary Presidency Magistrate has directed the petitioner Bachai Kulwar to pay Rs. 50 a month for the maintenance of his wife. It appears that the petitioner is living with a mistress and that he refused to allow ids wife to live with him. She is perfectly willing to do so and she asks that she may be allowed to live, if not with her husband, at any rate in a house near his. The husband does not accede to this, but offers a two alternatives (1) to live with his brother in their native village at Jaunpur, (2) to live with her mother at Arsian. Bo far as the living with his brother is concerned upon the facts placed before the Magistrate the offer is clearly an unreason-aide one, for the wife alleges and the Magistrate accepts her story that when she was previously living with his brother, she was ill-treated by him.

(2.) The second alternative is also clearly unreasonable for it appears that the wife's mother lives the greater part of the year not in her native village at Arsian, but in Calcutta, where she is unable to have the daughter living with her. In the circumstances, the order of the Magistrate directing the accused to pay Rs. 50 a month for maintenance to his wife is undoubtedly a reasonable order.

(3.) So far as the amount is concerned the Magistrate has come to the conclusion upon the facts and evidence before him that the accused comes of a well-to-do family and that he can afford to pay this amount.