LAWS(CHH)-2011-4-18

GAYARAM SAHU Vs. TERAS BAI

Decided On April 05, 2011
Gayaram Sahu Appellant
V/S
Teras Bai And Anr. Respondents

JUDGEMENT

(1.) Criminal Revision Nos. 668/2010 and 117/2011 filed against the order dated 26.11.2010 passed by the Judge, Family Court, Janjgir in Criminal M.J.C. No. 94/09 are being disposed of by this common order. Vide aforesaid order, the Judge, Family Court has awarded maintenance of Rs. 500 per month to Bhuneshwar, an illegitimate son of Gayaram but has refused to award of maintenance to Teras Bai on the ground that she is not legally wedded wife of Gayaram.

(2.) By filing Criminal Revision No. 668/2010 applicant Gayaram has challenged legality and propriety of award of maintenance to Bhuneshwar, an illegitimate child and by filing Criminal Revision No. 117/2011 applicants Teras Bai and Bhuneshwar have challenged legality and propriety of order refusing maintenance to Teras Bai and award of inadequate maintenance to Bhuneshwar.

(3.) As per record of the Family Court, on the ground of customary marriage Teras Bai has filed application for maintenance against Gayaram for herself and for her son Bhuneshwar under Section 125 of the Cr.P.C. as legally wedded wife and son of Gayaram. Same was denied by Gayaram and has alleged that Teras Bai is not his legally wedded wife and Bhuneshwar is not legitimate or illegitimate son. After appreciating the evidence available on record, the Judge, Family Court has arrived at a finding that Teras Bai was residing with Gayaram as a wife during subsistence of her first marriage, therefore, Teras Bai is not legally wedded wife of Gayaram but Bhuneshwar is an illegitimate son of Gayaram. On the aforesaid ground, maintenance of Rs. 500 per month has been awarded to Bhuneshwar.