JUDGMENT - SHARAD MANOHAR, J.:---The grievance made by Mr. Patel, the learned Advocate for the petitioner/husband in this petition, which arises out of the proceedings under section 125 of the Criminal Procedure Code is that the learned Additional Sessions Judge has taken the view of law diametrically opposed to the view taken by this Court to his knowledge.

After examination of the case, I find that the grievance of Mr. Patel is quite justified. That apart, the point on which the trial Court dismissed the wife's petition for maintenance is justified by three judgments of this Court, one of which was brought to the notice of both the courts below, as mentioned above. Since this is the legal position, the petition has got to be allowed.

2. The facts are very simple.

The respondent/wife filed an application against her husband, the present petitioner, on various grounds. It is un-necessary for me to set out all the grounds. The only fact which needs be stated here is that she did not make any averment in her application to the effect that she was unable to maintain herself. Not only this, but even in the evidence led by her there was not as much as a murmer on her part that she was un

Click Here to Read the rest of this document