BATHULU BHAGIRATHI Vs. BATHULU LAKSHMI DEVI

JUDGEMENT

(1.) This is a petition for revision of an order passed by the learned Joint Magistrate of Berhampore granting the opposite party a monthly maintenance of Rs. 8. The petitioner and the opposite party are husband and wife. According to the opposite party, the petitioner has for a long period of time ill-treated her: consequently, she has been forced to leave her husband's house and leave apart from him. She alleges that her husband has refused to maintain her and accordingly she made an application to the learned Magistrate for her maintenance. The defence was that the husband had not ill-treated his wife and that he had always been and was ready and willing to take his wife back to his house.

(2.) That there had been friction between husband and wife is clear, because on a previous occasion proceedings for maintenance had been brought. Those proceedings were not pressed, because the husband took his wife back. However, five or six days after that the wife alleges that she was compelled to leave the house by reason of ill-treatment. The only evidence of ill-treatment was the evidence of the wife herself. The learned Magistrate has accepted this evidence and in my view rightly. The learned Magistrate has considered the surrounding circumstances and has come to the conclusion that the probabilities are all in favour of the version given by the wife. The wife unfortunately suffers from fits and it is clear that the husband wishes to marry a second wife. This, however, he will not do without the consent of the opposite party, and it is clear that she will not give her consent.

(3.) In such circumstances, it is clear that considerable ill-feeling must have existed between the petitioner and his wife. The wife also stated that after the previous proceedings had been amicably settled and she had returned home with her husband, the latter demanded his wife's gold ornaments. This he had no right to do, and the wife says that she refused to give them. There appears to be no doubt that such a demand was made, and I can well believe that upon the wife's refusal the relations between the parties became more strained. In those circumstances the wife's evidence is far more likely to be true than the evidence of the husband.