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1974 Supreme(All) 177

P.N.BAKSHI
HET RAM – Appellant
Versus
RAM KUNWARI – Respondent


JUDGEMENT

1. Smt. Ram Kunwari had filed an application under Section 488, Cr. P.C. claiming maintenance from her husband Het Ram who was in the service of the military department. The allegation was that since Het Ram joined the defence forces, he began to dislike her ugly face and intended to remarry. The applicant did not give her consent. Differences arose as a result of which she was beaten, deprived of her ornaments and turned out of her house. She was living with her brother. Her husband had neglected and refused to maintain her. Hence she claimed Rs. 60/- per month as maintenance allowance.

2. Het Ram denied the allegations made by Smt. Kunwari. According to his case he had always maintained her and was prepared to maintain her even now if she lived in his house. According to the case of Het Ram. Ram Kunwari does not like his service in the military and as such she had left her house.

3. Ram Kunwari examined herself, Munni Lal (P.W. 2) her cousin and Sukhbasi Lal (P.W. 3) and Siaram (P.W. 4). Het Ram examined himself only. After going through the evidence on the record, the Magistrate passed an order directing Het Ram to pay Rs. 45/- p.m. as maintenance allowance to his wife.

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