BAKULABAI Vs. GANGARAM

JUDGEMENT

(1.) The appellant No. 1 Bakulabai filed an application under S.125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) before the Judicial Magistrate, Degloor, alleging that she was lawfully married to the respondent No. 1 Ganga Ram and that the appellant No. 2 Maroti was born out of this wedlock. She claimed maintenance both for herself and for her son. Ganga Ram denied the marriage as well as the paternity of the appellant No. 2. He also averred that he was already married twice before the wedding pleaded by Bakulabai and that both his wives were living.

(2.) The Judicial Magistrate accepted Bakulabai's case and granted maintenance at the rate of Rs. 100/- per month in her favour and additional Rs. 50/-per month for the minor boy.

(3.) Ganga Ram moved the Sessions Judge ia revision. Bakulabai also filed a revision application for enhancement of the rate of maintenance. The two applications were registered respectively at Criminal Revision No. 83 of 1984 and Criminal Revision No. 110 of 1984, and were heard together. The Sessions Judge accepted the defence case, reversed the findings of the Judicial Magistrate and dismissed the application for maintenance. Revision case No. 83 of 1984 was thus allowed and the wife's application was dismissed. Bakulabai challenged the order before the Bombay High Court by a revision application. By the impugned Judgment the High Court rejected the same holding that since it was the second revision application by the wife it was not maintainable being barred by the provisions of S.397(3) of the Cods. The Court further proceeded to examine the merits of the case and concurred with the view of the Sessions Judge. The appellants have now come to this Court by special leave.