MALAN Vs. BABURAO YESHWANT

JUDGEMENT

(1.) These two revision petitions are dejected against the order dated Feby. 12, 1979, passed by the Judicial Magistrate I Class, III Court, Belgaum, in Cr. Misc. Case No. 91 of 1979 on his file under S.125 of Crl.P.C. 1973 (hereinafter referred to as the 'new Code') . The Code of Criminal Procedure 1898 will be hereinafter referred to as the 'old Code').

(2.) The undisputed facts are that Malan the petitioner in Cr. R. P. 131/79 and respondent in Cr.R.P. No. 409/79 is the wife of Babu Rao, the respondent in Cr.R.P. No. 131/79 and the petitioner in Cr.R.P. No. 409/79. These parties will be hereinafter referred, to as the 'wife' and the 'husband'.

(3.) The wife filed an application under S. 125 of the new Code praying that she is entitled to a monthly maintenance of Rs. 500 a,s her husband has contracted marriage with another woman called Janabai and has neglected and refused to maintain her. She also alleged that her husband is the proprietor of the business run under the name and style as 'Vishwanath Metal Marrit at Ganapathgalli, Belgaum and has a monthly income of Rs. 3,000. She has stated that she has studied upto S.S.L.C. According to her, she has been living with her parents at Belgau since about two years prior to the filing of the petition.