Karnail Kaur vs Raja Singh

M.L. Singhal, J.—This is Crl. Misc. petition filed by Kamail Kaur against her Husband Raj Singh u/s 482 of the Code of Criminal Procedure whereby she has prayed that order dated 29.4.1994 passed by Judicial Magistrate I Class, Mansa and the order dated 26.7.1975 passed by the Additional Sessions Judge. Mansa refusing to grant her maintenance u/s 125 Cr. P.C. be quashed and she be allowed maintenance against her husband.

Karnail Kaur instituted an application u/s 125 Cr. P.C. in the Court of Judicial Magistrate 1 Class. Mansa against her husband Raja Singh claiming maintenance at the rate of Rs.5(K)/- per mensem from him on the allegations that she was married to him 13-14 years ago. She cohabited with him at village Dalelwala, Police station Jhunir, District Mansa. Unfortunately, no child was born to them. About nine years ago her sister Jarnail Knur was driven out of his house by her husband Pala Singh. Pala Singh refused to keep her with him and maintain her. He neglected her. She and her sister Jarnail Kaur was married to Raja Singh and Pain Singh on the same day, Pala Singh and Raja Singh are real brothers. A few days after Jarnail Kaur had been tuned out of the matrimonial home by her husband Pala Singh, Raja Singh also turned her out of the matrimonial home. She and her sister filed separate applications u/s 125 Cr. P.C. in the Court of Judicial Magistrate I Class. Mansa for obtaining maintenance. Raja Singh and Pala Singh filed petitions u/s 9 of the Hindu Marriage Act against her and Jarnail Kaur selectively. In that petition, there took place compromise with her and Their husband Raja Singh. Maintenance was, however, allowed to Jarnail Kaur against Pala Singh. After compromise she started cohabiting with her husband Raja Singh at village Dalewala. Raja Singh did not stop maltreating her. He gave her beatings unjustifiably. He used to compel her that she should ask her sister to withdraw her application for maintenance. About two years ago she was driven out of matrimonial home by her husband and he refused to keep her in matrimonial home and maintain her. He wanted her that if she meant her rehabilitation in the matrimonial home she should ask her sister Jarnail Kaur to withdraw her application for maintenance or else he would not keep her in the matrimonial home nor maintain her. She came to village Chahlan i.e. her parental village as a neglected wife. About a month ago she took Ajmer Singh and Gurbachan Singh to village Dalelwala and made entreaties to her husband Raja Singh for her rehabilitation in her matrimonial home and maintain her but in vain. It was further alleged in this application that she had no means to maintain herself. Her husband on the other hand is able-bodied and owns agricultural land. Besides he is keeping buffaloes and selling milk. He earns not less than Rs.50,000/ - in a year. She claims maintenance to the tune of Rs.50()/- per month, in view of the rate at which the essentials of life can be had

Raja Singh resisted the claim of the wife urging that she used to taunt heron the ground of their inability to procreate child. She had earlier filed an application u/s 125 Cr. P.C. That application was compromised on his agreeing to put at the house of the husband as ghar jawai. He started putting up at the house of her parents and against his wishes as he did not want to be ghar jawai. He did so because he was interested that their matrimonial life should run smooth. She did not submit to his control. She would more out without his permission. She is a woman of independent bent up of mind. If ever he tried to prevent her from moving out without his permission she would resent. She gave her beatings and turned him out of her parents'' house She and Jarnail Kaur do not obey their father. They do not submit to his control. She and her sister do not feel that they are married women and should behave like married women. Instead they are taken to moving about freely and indulging into orgies. It was denied that he ever gave her beating or turned her out of matrimonial home.

Judicial Magistrate I Class, Mansa, dismissed the application vide order dated 29.4.1994. Wife''s revision petition was also dismissed by Additional District Judge, Mansa vide order dated 26.7.1995. Wife has not relented and has knocked the door of this Court through this criminal Misc. petition seeking quashment of the aforesaid orders and grant of maintenance to'' her.

Wife becomes entitled to maintenance on the sort ground that the husband was suspecting her fidelity. It was stated by Raja Singh husband that his wife used to leave the house and spend 5-6 days at a stretch outside. She would leave the house without his permission. If he restrained her from going out, she would never feel restrained. Strangers used to visit her during the period of nine years when she cohabited with him. Those strangers would not stop visiting her, if he tried to stop them from visiting her, he used to be asked to sit aside and God knows what those strangers and she used to do. It was also suggested to her by her husband that she was woman of independent bent of mind and that if ever he restrained her from going her way, she would not stop. It was suggested to her that for this reason she was not willing to cohabit with her husband. Raja Singh has clearly imputed unchastity to his wife. He was not able to prove that his wife is unchaste. Unfounded allegations of unchastity by the husband on his wife entitle wife to stay away from him and claim maintenance. Imputation of unchastity to his wife y the husband will impinge seriously upon the husband''s offer to maintain his wife. If husband offers to maintain his wife, whose, chastity he suspects that offer will not be termed bona fide. If husband offers to maintain his wife on condition of living with him and she refused to live with him, the Magistrate may consider the ground of refusal of the wife to stay with her husband and make order under this Section notwithstanding such offer, if he is satisfied that there is just ground for the wife in so doing. A wife is thus justified in staying away from such a husband who is suspecting her fidelity. In my opinion, she was unjustifiably refused maintenance by the learned Magistrate as also by the learned Additional Sessions Judge.,

Her husband is able bodied. He owns 3-4 Killasof land. He cannot runaway from maintaining his wife. She is middle aged and is putting up with her father. Her requirements are few and far between. Rs. 175/- per month as maintenance allowance payable with effect from the date of application u/s 125 of the Code of Criminal Procedure filed by her before the Magistrate, is, hereby, allowed. She filed application in the Court of Magistrate in April. 1992. She will thus be in receipt of Rs. 7,500/- by way of arrears of maintenance. She can maintain herself with Rs.175/-per month plus the interest which she can earn on the arrears of maintenance. This Crl. Misc. No. 6996-M of 1996 is thus accepted in these terms and in consequence the impugned orders of the Courts below are hereby, set aside.