SHIVA KANT AWASTHY Vs. JAGDISH PRASAD AWASTHY

JUDGEMENT

(1.) This criminal revision under Section 397/401 Cr.P.C. has been filed by the revisionists against the order dated 22.10.2003 passed by Additional Sessions Judge, Court no. 1, Unnao in Criminal Revision No. 121 of 2002, whereby the order dated 26.10.2002 passed by learned Additional Chief Judicial Magistrate, Unnao in Criminal Case No. 1729 of 2002, under Section 125 Cr.P.C. for grant of maintenance of Rs. 500/- to both the revisionists was set-aside.

(2.) The relevant facts for deciding this revision in nutshell are that an application under Section 125 Cr.P.C. has been filed by Smt. Saroj Awasthy and the present revisionists- Shiva Kant Awasthy and Km. Shivani Awasthy (minor) for grant of maintenance against Jagdish Prasad Awasthy-the opposite party with the allegation that Smt. Saroj Awasthy married with the opposite party-Jagdish Prasad Awasthy in accordance with Hindu rites and rituals. Revisionists Shiva Kant Awasthy and Km. Shivani Awasthy born out of wedlock of Smt. Saroj Awasthy and Shri Jagdish Prasad Awasthy. After birth of revisionist Shiva Kant Awasthy, the opposite party started neglecting and misbehaving Smt. Saroj Awasthy and her children and gave a small room to live in and stopped supporting his children and wife for their livelihood, education and for providing other necessities of life. Smt. Saroj Awasthy claimed herself unable to maintain and stated that she has no means for herself and her children, though the opposite party is legally bounded to maintain her and her children. It has also been alleged that the opposite party is possessing six bigha of agriculture land, two grove of Mangoes and as such he is earning Rs. 20,000-25,000 per annum. The opposite party is also serving as a Government Teacher and is also getting salary of Rs. 4,000/- per month.

(3.) In application moved under Section 125 Cr.P.C., she claimed Rs. 1,000/- as maintenance for herself and Rs. 500/- for her children Shiva Kant Awasthy and Km. Shivani Awasthy, who were minor at that time. This application moved on 30.10.1998 was contested by the opposite party by filing his reply wherein he denied any type of relationship with Smt. Saroj Awasthy and also disowned that the revisionists were born with cohabitation of opposite party and Smt. Saroj Awasthy. He married to Smt. Rani @ Pushpa thirty years ago in accordance with Hindu rites and rituals and his son Dharmendra Awasthy aged about 26 years was born with Smt. Rani Awasthy, who is alive and is living with opposite party. He also stated that Smt. Saroj Awasthy is a free lady and working in Aganwadi. She used to see village of opposite party so she knows the opposite party by name. On the instigation of some persons of the Village, to grab the property of the opposite party and to defame him, Smt. Saroj Awasthy filed this false claim of maintenance.