YOGESH CHANDRA SHEEL Vs. SANDHYA RANI SHEEL

JUDGEMENT

(1.) <DJG>DHIRENDRA MISHRA,J.</DJG> The applicant-husband has preferred this revision petition against the order dated 24-1-2003 passed by II Additional Sessions Judge, Jagdalpur in Criminal Revision No. 12/2001 which was filed by non-applicant Nos. 1 and 2 herein and thereby allowed the same and granted maintenance at the rate of Rs. 1000.00 per month to non-applicant No. 1 and Rs. 500.00 per month to non-applicant No. 2 w.e.f. 14-12-2000. This apart, learned Additional Sessions Judge also granted maintenance at the rate of Rs. 500.00 per month to the son of applicant and non-applicant No. 1 namely Shankar Sheel though he was not the party to the said revision petition before him. Brief facts necessary for the adjudication of this petition are as under:-

(2.) Learned JMFC rejected the application of non-applicants by recording a finding that the non-applicant No. 1 has failed to prove her marriage with the applicant and that Rama Sheel and Shankar Sheel are the daughter and son of the present applicant. Learned Judicial Magistrate also recorded a finding that the non-applicants have also failed to prove their ouster by the applicant. Renu Rai was however held to be the legally wedded wife of the present applicant. Thus the application filed by the non-applicants was dismissed by the learned JMFC, Jagdalpur on 14-12-2000.

(3.) Aggrieved non-applicants herein preferred criminal revision against the order of the learned Magistrate before the learned Additional Sessions Judge who by the impugned order allowed the revision of the non-applicants herein and awarded maintenance at the rate of Rs. 1000.00 per month to wife/non- applicant No. 1 and at the rate of Rs. 500.00 per month to non-applicant No. 2 - daughter of applicant and non-applicant No. 1. Learned Additional Sessions Judge also awarded Rs. 500.00 to son Shankar Sheel though no revision was filed on his behalf w.e.f. 14-12-2000. Arrears of maintenance at the rate of Rs. 1000.00 per month was also made payable to the non-applicants which was however held to be adjustable.