CHAKOR Vs. PRERNA AND OTHERS

JUDGEMENT

(1.) This petition by the husband impugns and challenges the order passed by Judicial Magistrate, First Class, Akola in Miscellaneous Criminal Case No. 51 of 1982, by his order dated 31-12-1982 granting maintenance under section 125 of Code Criminal Procedure to the present respondent Nos. 1 to 3.

(2.) The respondent No. 1 filed proceedings under section 125 of Criminal Procedure Code before the Trial Court on the allegation that she is legally wedded wife of the husband-non-applicant, their, marriage having been solemnised some time in the year 1974. They resided together for a period of five years till 1979. During that period, 2 daughters were born to them, respondent Nos. 2 and 3.

(3.) In the year 1979, there was a dispute between the parties and the wife was driven away from the house of the husband. Thereafter, the the husband did not look after the interest and welfare of the wife and 2 daughters. It was therefore, alleged that the husband has refused and neglected to maintain them. It was further alleged that the wife and the daughters are without any source of income and unable to maintain themselves. It was also alleged that the husband has adequate means and income to maintain the wife and the children.