A wife is entitled to maintenance under Section 125 CrPC even if the husband has obtained a decree for restitution of conjugal rights, provided that the husband has not called upon the wife to resume conjugal society with him after obtaining the decree.

M.L.Singhal, J.

1. Smt. Shyama was married to Sanjay Chopra at Delhi on 20.4.1992. On 18.1.1994, Divya Chopra was born to them. Shyamas parents spent a sum of Rs. 3.00 lacs on her marriage. They gave gold ornaments, precious clothes etc. in marriage. Still, Sanjay Chopra, his father and unmarried sister started taunting her that she had not brought adequate dowry. They put forth demand for Rs. 2 lacs on her as Sanjay Chopra was to expand his business. Her parents were not in a position to fulfil this demand. Smt. Shyama brought home to them that her parents had already spent enough on her marriage and they were not in a position to fulfil the demand. She was maltreated, harassed and taunted. She was also beaten. Sanjay Chopra was a drug-addict. She kept tolerating all this in the hope that better sense might prevail upon them and they would develop kind attitude towards her, full of love and affection. Child was born to her at Delhi in the hospital. Her mother came to Delhi in the hospital but she was insulted by Sanjay Chopra, his father and sister. When the child had grown two months old, she was asked to go to her parents, demand (sic). On 9.10.1994, he alongwith (sic) Rs. 2 lacs was also reiterated. It may also be mentioned here that Sanjay is Delhi-based and he resides at Delhi. On 18.8.1994, she sought her in-laws permission to visit her parents on the occasion of Raksha Bandhan, she accordingly came to her parents. She was not allowed to take any article with her. Respondent repeated his demand at the house of her parents also who explained their inability to fulfil his demand. Sanjay Chopra told her parents that if his demand was not fulfilled, she would not be allowed to enter the matrimonial home. Ever since 18.8.1994, she has been putting up with her parents alongwith her child. During this period, Sanjay Chopra has not come to the matrimonial home. He has not sent any maintenance to them She has no source of income. She owns no property. She is unable to maintain herself and the child. On the other hand, respondent had a Printing Press, Photostat and Lamination business and is earning Rs. 10,000/- per month. He can well maintain her and the child. He has intentionally and wilfully neglected them and has refused to maintain them. On these allegations, she filed application against Sanjay under Section 125, Cr.P.C. claiming maintenance for herself and for her child at the rate of Rs. 500/- and Rs. 400/- respectively per month.

2. Sanjay Chopra contested her claim to maintenance. It was denied that he ever neglected and refused to maintain Shyama and the child. It was denied that he or his parents ever put forth any demand for Rs. 2 lacs. It was denied that he or his parents ever expressed that the dowry brought by her was inadequate. It was denied that he was a drug-addict. On 9.10.1994, he alongwith aunt of the mediator and the son-in-law of the mediator went to the house of her parents with a view to bring her back to the matrimonial home but she refused to accompany him to the matrimonial home that she was working in a school at Ludhiana. It was further alleged that she is gainfully employed as Senior Commerce teacher at K.V.M. School, Ludhiana and is earning about Rs. 3,672/-per month. She earns another Rs. 3,000/- per month from tuition work. She is thus in a position to maintain herself and the child. It was denied that he earns Rs. 10,000/- per month.

3. On the conclusion of the trial of this application, Sub-Divisional Judicial Magistrate, Jagraon accepted this application and allowed maintenance to Smt. Shyama at the rate of Rs. 400/- and to the child at the rate of Rs. 300/- per month payable with effect from the date of applicationso far as child is concerned, payable to the wife with effect from 10.5.1995 i.e. when her services were terminated.

4. Sanjay Chopra has come up in revision to this Court against the order of the Magistrate dated 11.6.1998 granting maintenance to the wife and the child a