RAMAYIIN SINGH Vs. VIJAYALAXMI

JUDGEMENT

(1.) The above revision petition is directed against the order dated 15-4-1988 passed by the First Additional J.M.F.C. Gulbarga in Miscellaneous Case No. 122 of 1987 on his file awarding a monthly maintenance of Rs. 300/- per month to the respondent.

(2.) The facts of the case in brief are that the petitioner-wife filed a petition under Section 125 of the Cr.P.C. seeking a monthly maintenance allowance of Rs. 500/- per month to be paid by the respondent-husband. She has averred in the petition that she was married to respondent according to the customs of Rajput community on 11-5-1985 at Ram Mandir Brahampur area of Gulbarga. After marriage, she was taken to the house of respondent and both of them lived together as husband and wife for 1&1/2 years. During that period, it is alleged by the petitioner, that she was ill-treated and lastly she was deserted and sent out of his house. Therefore, she returned to the house of her mother and her mother tried her best to settle the differences between the petitioner and respondent. Therefore, the petitioner in her petition mentioned that respondent was getting a salary of Rs. 1,500/- per month in M.S.K. Mill, Gulbarga, and he is capable of paying a monthly allowance of Rs. 500/- per month to the petilioner. As the petitioner is unable to maintain herself, she filed the above petition for her maintenance.

(3.) The respondent has filed his objections to the averments made in the petition. The respondent denied the marriage and submitted that he had already married one Rumali Devi in the year 1978 itself and got three children from her. His first wife was pregnant and she has gone to deliver the third child in the month of April 1988. The respondent says that he has got a disabled brother who is lame and blind and he is depending on him and he has to maintain him also. He has got another brother who is quite young and attends the school. Therefore, he submitted that he has got a large family and the members of which are all depending upon him for their livelihood. He denied the salary alleged by the petitioner. He said that he gets an aggregate amount of Rs. 950/- per month only. The petitioner knows stitching and she earns Rs. 20/- per day. Therefore, he prays for dismissal of the petition.