BAKULABAI Vs. GANGARAM

JUDGEMENT

(1.) Appellant 1 Bakulabai filed an application under section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) before the Judicial Magistrate, Degloor, alleging that she was lawfully married to respondent No. 1 Gangaram and that appellant 2 Marot was born out of this wedlock. She claimed maintainance both for herself and for her son. Gangaram denied the marriage as well as the paternity of appellant 2. He also averred that he was already married twice before the wedding pleaded by Bakulabai and that both his wives were leaving.

(2.) The Judicial Magistrate accepted Bakulabai's case and granted maintainance at the rate of Rs. 100 per month in her favour and additional Rs. 50 per month for the minor boy.

(3.) Gangaram moved the Sessions judge in revision. Bakulabai also filed a revision application for enhancement of the rate of maintainance. The two applications were registered respectively as Criminal Revision No. 83 of 1984 and Criminal Revision No. 110 of 1984,and were heard together. The Sessions Judge accepted the defence case, revised the findings of the Judicial Magistrate and dismissed the application for maintainance. Revision Case No. 83 of 1984 was thus allowed and the wife's application was dismissed. Bakulabai challenged the order before the Bombay High Court by a revision application. By the impugned judgment the High Court rejected the same holding that since it was the second revision application by the wife it was not maintainable, being barred by the provisions of section 397(3) of the Code. The Court further proceeded to examine the merits of the case and concurred with the view of the Sessions Judge. The appellants have now come to this Court by special leave.