SAYGO BAI Vs. CHUEERU BAJRANGI

JUDGEMENT

(1.) THIS petition is directed against the order dated 22-03-2003 passed by Fifth Additional Sessions Judge (F.T.C.), Ambikapur in Criminal Revision No.22/:2 003 affirming the order, dismissing the application for maintenance passed by Judicial Magistrate, First Class, Ambikapur in Criminal Case No.30/1997 vide order dated 6-1-2003 on the ground that the present petitioner has left the house of respondent without any sufficient cause.

(2.) THE order is challenged on the ground that the petitioner is legally wedded wife of the respondent and respondent was under obligation to maintain his wife but respondent has contacted the second marriage and on the ground of second marriage, the present petitioner has left the house of respondent. The petitioner is not able to maintain herself and is entitled for maintenance but Court below has not considered the claim of maintenance and thereby committed an illegality.

(3.) LEARNED counsel for the petitioner has submitted that the petitioner is a legally wedded wife of the respondent and respondent was under obligation to maintain his wife but respondent has contacted the second marriage and on the ground of second marriage, the present petitioner has left the house of respondent. The petitioner is not able to maintain herself and is entitled for maintenance but Court below has not considered the claim of maintenance and thereby committed illegality. Learned counsel for the petitioner placed reliance in the matter of Smt. Jhulabai Vs. Raghunandan Ram Kannoje1, in which this Court has held that in case of second marriage contacted by husband during life time of the first wife, first wife is entitled for maintenance.