SOBHA SINGH YADAV Vs. DHANKALI

JUDGEMENT

(1.) This revision is directed against order dated 10.5.190 by Sri Y. R. Tripathi, learned Additional Sessions Judge, Ghazipur in Criminal Revision No. 134 of 1982 by which he reversed the judgment and order of Sri Ami Chand Verma, learned 1st Additional Munsif Magistrate, Ghazipur rejecting the application of opposite parties for maintenance under Section 125 of Code of Criminal Procedure on 4.9.1982.

(2.) Admitted facts are that parties were married according to Hindu rites about twenty years prior to the date of filing of application of maintenance on 28.10.1978. Two male and two female children were born out of the wedlock. So far as the eldest daughter is concerned, she is not in the picture as she is already married and living with her husband, The remaining three children viz; Km. Indrawati, Dinesh Chandra and Suresh Chandra were living with their mother. Suresh Chandra was blind aged about five years or so. Dinesh Chandra was aged about 10 or 11 years and Km. Indrawati, who is married now, was aged about 12 years at the time of filing the petition. Suresh Chandra is dead now. He expired pending the proceedings in revision.

(3.) It was averred in the petition that the revisionist was employed in P.A.C., Jaunpur and his present salary was about Rs. 500/per month. He had also income from his holding; he has neglected to maintain the wife and minor children long before the institution of petition on account of his illicit connection with his sister-in-law.