Teja Singh vs Smt. Chhoto : 1981 Cri. L.J. 1467 : (1981) 2 DMC 224 : (1981) 4 Marr .LJ 400: (1981) PLR 527 : 1981 CC Cases 249 : 1981 LRC Online 8 (P&H)
Section 125-Grant of maintenance -wife sought maintenance from her husband alleging that she had been deserted by him for reasons of bringing insufficient dowry and had been living with her parents almost from the inception of the marriage- Civil Court had already held against the wife by pronouncing that she was not entitled to a decree of restitution of conjugal rights, under Section 9 of the Hindu Marriage Act because it was not the husband who had deserted her, it was she who had withdrawn from his society and had deserted him- finding of the Civil Court was binding upon the Magistrate and in the face of this finding the trial Magistrate could not come to a contrary finding and grant maintenance- order granting maintenance to wife set aside-Petition allowed.