NUSARAM SAMBHAJI PARISHE Vs. BABA

JUDGEMENT

(1.) THE applicant/husband has challenged the order of maintenance of Rs. 100 passed by the Second Additional Sessions Judge, Yeotmal in Criminal Revision No. 1/91 by allowing the said revision and setting aside the order of rejection of maintenance passed by JMFC, Kelapur.

(2.) NON -applicant No. 1 Baba, who is a minor through his mother Shashikalabai filed Org. Criminal Case No. 30/86 under Section 125 Cr.P.C. for maintenance allowance from the present applicant on the ground that applicant Baba was the illegitimate son of the present applicant Nusaram. The allegation was that Shashikala mother of Baba had become a widow on the death of her husband and she was residing at village Ashta. According to her, applicant Nusaram was a rich agriculturist and while Shashikala used to go to his field for work, Nusaram developed illicit relationship with her as a result of which she remained pregnant and gave birth to a son Baba. She, therefore, filed original application for maintenance for her illegitimate child from the applicant Nusaram.

(3.) NON -applicant No. 1, therefore, filed revision application No. 1/91 to the Sessions Court. The learned Additional Sessions Judge by his order dated 16.1.92 allowed the said revision and held that it was proved that Baba was the illegitimate son of Nusaram and he was entitled to a maintenance at the rate of Rs. 100 per month.