Any agreement or condition that purports to restrain a spouse from seeking maintenance allowance is void as against public policy.

A.S.Nehra, J.

1. This revision petition filed by Jasbir Singh is directed against the judgment dated 11th April, 1991, passed by the Chief Judicial Magistrate Jagadhani whereby the petitioner has been directed to pay a sum of Rs. 350/- per month towards maintenance allowance to the respondent wife Hardeep Kaur.

2. Hardeep Kaur filed petition under Section 125, Code of Criminal Procedure, alleging that she was married to the petitioner on 16th November, 1983 and that her father had spent a huge amount on dowry. It was further alleged by her that the mother of the petitioner was peevish; that she started maltreating her in the month of April, 1984; that she pestered her to bring money from her father so that a plot may be purchased. Hardeep Kaur further alleged that she was not in a position to bring the money from her father as demanded; that she was threatended that she would be burnt after putting kerosene oil on her; that her mother-in-law instigated her husband by levelling false allegations and that her husband gave beating to her mercilessly.

3. It is further alleged by the respondent-wife that the petitioner and his mother turned her out from the matrimonial home in the month of April. 1984; that father of Hardeep Kaur tried to patch up the matter but in vain; that she remained with her parents for about four months; that the respectables from the brotherhood were also called; that the petitioner and his mother assured them that they would not maltreat Hardeep Kaur that upon such an assurance, she went along with the petitioner but the mother of the petitioner started taunting her; that she threw kerosene oil on her and also attempted to burn her; that on hearing her cries many people gathered there and saved her; that her father and other relations were also called and that the matter was not, however , reported to the police at the instance of the relations. It was further alleged in the petition that on 16th December, 1984 a son was born to the respondent; that the petitioner (husband) as well as his mother did not care for the health of the respondent and no medical treatment was provided to her; that she was again turned out of the house and her father came to take her back; that her son was ailing seriously and that the child was taken to Safdarjang Hospital by her father, but he could not be saved and died on 5th February, 1985.

4. It is further the case of the respondent that she has got no sufficient means and is unable to maintain herself; that she does not have any immovable property; that dowry articles, including clothes and ornaments are in possession of the petitioner and his mother; that the petitioner is serving in M/s. Indian Sugar and General Engineering Corporation and is a qualified personal that he is a permanent employee of the paid firm and getting Rs. 1,200/- per mensem with no liability on him and that he has intentionally neglected and refused to maintain her. She claimed a sum of Rs. 500/- p.m. for her maintenance.

5. The petitioner admitted that he was married to the respondent on 17th November, 1983 at Yamuna Nagar. The relationship of husband and wife is also admitted. The other allegations contained in the petition have been denied. It is submitted by the petitioner that the respondent is a qualified and educated woman having done her Matriculation in March, 1987 that she also passed the Diploma in Cutting from I.T.I. Yamuna Nagar; that; she holds a diploma in embroidery and a diploma in teaching, both having done from Yamuna Nagar and that she has handsome income from teaching and sewing clothes and also by way of providing training. The petitioner admitted that he was serving M/s, Indian Sugar and General Engineering Corporation Yamuna Nagar but has stated that his monthly income is not more than Rs. 600/- p.m. It is further pleaded by the petitioner that he has also to look after his old mother. The petitioner further mentioned that he is ready and willing to keep the respondent