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1962 Supreme(All) 18

KAILASH PRASAD
RAM SINGH – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Prem Mohan Gupta, Virendra Saran

KAILASH PRASAD, J.

( 1 ) THIS revision has been filed by Ram Singh against the order of a Magistrate directing him to pay Rs.- 50/- per month to Smt. Ramsri, as maintenance under Section 488, Cr. P. C.

( 2 ) SMT. Ramsri is a legally wedded wife of the applicant. She made an application under Section 488, Cr. P. C. , against Ram Singh claiming a monthly allowance for her maintenance. She founded her application on the allegations that her husband, Ram Singh had developed illicit intimacy with the wife of her brother and when she objected to it, her husband turned her out of the house. Thereafter Ram Singh married the woman with whom he had developed illicit intimacy and that woman was living with Ram Singh. Smt. Ramsri also alleged that her husband was a man of suffcient means.

( 3 ) RAM Singh denied that another woman was living with him and pleaded that Smt. Ramsri was herself unwilling to come and live with him and so she was not entitled to any maintenance allowance.

( 4 ) THE Magistrate, after examining the evidence produced by the parties, found that Ram Singh had kept another woman and had turned out Smt. Ramsri. The Magistrate further found that Smt. Ramsri was, in the circu












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