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1952 Supreme(All) 154

BIND BASNI PRASAD
RAM KHELAWAN – Appellant
Versus
STATE THROUGH MT. PARBHU DEVI – Respondent


Advocates Appeared:
A.K.KIRTY, S.N.MISRA

BINA BASNI PRASAD, J.


( 1 ) THIS is a petition in revision by a husband against his wife for the setting aside of an order granting her a maintenance allowance of Rs. 25 per month under Section 488, Criminal P. C. The applicant is an employee in an industrial concern at Kanpur, having an income of Rs. 80 per month. Admittedly, he was married to Smt. Prabhu Devi in the year 1945. A deed of agreement, ex. P-1, was drawn up at that time by which the applicant undertook that after the marriage he would live with his wife at the house of his father-in-law. It is clear from that agreement that the assurance given was that the wife would never be compelled to go to her husbands place. It may be noted here that she is the only child of her father. For some years the husband and the wife lived amicably and a child was born to them. But estrangement and ill feelings grew up with the result that the husband has now left his father- in-laws place and is living with his brothers. He is giving no money to his wife for her support or for the support of the child. In these circumstances she came up under Section 488, Criminal P. C, for the grant of maintenance allowance for herself and for her chi









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