Allegation of unchastity by husband amounts to cruelty and is a sufficient reason for wife to live separately and claim maintenance under Section 125 CrPC.

V. D. Misra, C. J.—This revision is directed against the order dated 14-1-1981 of Shri R. C. Sharma, Sub Divisional Judicial Magistrate, Hamirpur, dismissing the wifes application for maintenance under Section 125 of the Code of Criminal Procedure.

2. It is not in dispute that the petitioner and the respondent were duly married. The wife made an application under Section 125 Cr. P. C. alleging that the husband is ill-treating her because of her black complexion and has developed illicit relations with one Kanta who was employed in the same place where the husband was working. The wife also averred that she was being kept in village Bishnu whereas the husband was working at Bilaspur, and that she was maltreated at that place also.

3. The husband resisted this application. After denying all the allegations made by .the wife, the husband alleged that the wife was leading an unchaste life.

4. The Magistrate dismissed the application on the ground that allegations of unchastity were not sufficient reasons for the wife to live separately and claim maintenance. The Magistrate followed the decision of the Judicial Commissioner in Madho v. Chanchoo, [A. I. R. 1956 Himachal Pradesh 40].

5. I need not go into other allegations since I am of the opinion that the allegation of unchastity, which was made by the husband not only in his reply but also in his statement on oath before the Magistrate, amounts to cruelty and is a sufficient reason for the wife to live separately and claim maintenance. Mr. K. C. Rana, learned counsel for the respondent, submits that since the wife in her petition did not allege any such cruelty on the part of the husband, therefore, no relief could be given to heron that ground. According to the learned counsel, the wife must make another application making these allegations as the basis, and only then she could be allowed maintenance. I am afraid, I cannot agree with him. It is by now well settled that while deciding a case the courts can take into consideration subsequent events. The event of causing this aspersion took place after the application was filed and before the case was decided. It is, therefore, a subsequent event. There is nothing wrong in taking notice of the same instead of forcing the party to file a fresh application as this would result in multiplicity of proceedings and unnecessary litigation.

6. I also find that a number of High Courts have, under similar circum stances, upheld the right of the wife to live separately and claim maintenance. In Chander Parkash Bodh Raj v. Shila Rani, [A. I. R. 1968 Delhi 174], the husband had imputed unchastity to the wife only in the witness box. He did not say so even in his reply to the petition. It was ruled that the wife was justified in refusing to live with the husband and claim maintenance. In Kandaswami Mjopan v. Angammal, [A. I. R. 1960 Madras 348], the husband alleged unchastity in reply to the wifes application for maintenance under Section 4J8 of the Code of Criminal Procedure. It was held that this amounted to legal cruelty entitling wife to live separately and claim maintenance. This decision followed various other decisions of the Madras High Court. In Narayanan Neelakantan v. Amini Narayani and another, [A. I. R. 1952 Travancore Cochin 562], in similar circumstances the wife was allowed maintenance.

7. It is true that in Madho v. Chanchoo, [A. I. R. 1956 Himachal Pradesh 40J, the learned Judicial Commissioner ruled that where imputation of unchastity was made for the first time in reply to the wifes application for maintenance and was not the ground in the application the wife could not claim maintenance on this ground. With all respects to the learned Judicial Commissioner I cannot agree. What has been over-looked is that the wife would be driven to another round of litigation and in the interest of justice it was necessary to decide the case after taking into consideration the subsequent event. I am, therefore, satisfied that the wife was