The need for reasonable evidence to support claims of ill-treatment and entitlement to maintenance under Section 125 of the Code of Criminal Procedure.

( 1 ) THE applicant-wife has preferred this revision against the order dated 20-9-2001 passed by the learned Addl. Sessions Judge, Narsinghgarh District Rajgarh in Cr. Revision No. 17/2001 setting aside the order of grant of maintenance to the applicant passed in M. Cr. C. No. 33/98 by the learned Judicial Magistrate, First Class, Narsinghgarh on 4-10-2000.

( 2 ) THE applicant-wife Chandrakala had filed an application on 12-5-98 against the non-applicant/husband Bhagwansingh for grant of maintenance on the ground inter alia that she was ill-treated and thereafter turned out from the house because she was black and ugly. She has no means to maintain herself and the non-applicant is not taking her care. She had also alleged that the non-applicant had entered into a second marriage.

( 3 ) THE non-applicant/husband denied all the allegations levelled by the wife and contended that she of her own accord had gone to the house of her parents with brother by promising for her return after 7-8 days. Thereafter, she did not return back. Therefore, he and his brother-in-law had tried their level best to take her back and visited the house of his in-laws for taking her back, but she refused to come and she had stated that after such a long period of marriage there was no child born out of their wedlock, so he can, if so desired, may enter into the second marriage and she did not want to live with him. Even thereafter, the non-applicant/husband did not enter into second marriage and expressed his desire to live with her and maintain her. But his all efforts went in vain.

( 4 ) BEFORE the learned trial Court, the applicant has examined herself and her witness PW-2 Keshavsingh and PW-3 Shambhoosingh, whereas the non-applicant examined himself and his witness DW-2 Balkishan.

( 5 ) THE learned trial Court, after appreciating the evidence on record, gave the finding in para 12 that though the applicant-wife has mentioned in her application as well as gave statement in the Court about the second marriage of the non-applicant after three-four years of her leaving the house of the non-applicant, but her version has not been corroborated by any witness. The learned trial Court has also gave finding that about the second marriage of the husband, no reliable and acceptable evidence has been adduced by the applicant-wife, but normally every wife would like to live with her husband if there is no special reason for not living with the husband. Learned trial Court has not given the clear finding on this issue of second marriage of the non-applicant. The trial Court, while framing the question for consideration in para 5 has also not framed this question for consideration. The trial Court has also given the finding in para 13 that though the husband-non-applicant has submitted that he had gone to take his wife back so many times, but he was not able to show the reason as to why she was not willing to live with him. The Court below has also given finding in para 15 that the applicant is earning ten to twelve thousand rupees per year by cultivation, whereas the applicant-wife was residing with her father and the applicant has ignored his wife and did not maintain her without any sufficient cause. Therefore, the order for grant of maintenance @ Rs. 400/- per month from the date of order.

( 6 ) AGAINST this order, the husband went up in revision and the learned Revisional Court has set aside the order of grant of maintenance on the ground that the wife was not able to prove by adducing cogent and reliable evidence that the non-applicant Bhagwansingh entered into second marriage. The learned Revisional Court has also held in para 12 of its order that according to the statement of the witness of the wife PW-3 Shambhoosingh the applicant is residing separate from her husband since last 12 years and she was married before 20 years. In cross-examination also, this witness has stated in para 3 that the applicant came to the house weeping last time