KUNJILAL Vs. SUSHILA

JUDGEMENT

(1.) THIS petition has been filed Kunjilal Hanumanlal Jaiswal challenging the order dated 16-10-1993 passed by the Joint District Judge and Additional Sessions Judge, Nagpur in Criminal Revision No. 352 of 90 and the order dated 2-7-1990 passed by the Judicial Magistrate, First Class, 3rd Court, Nagpur in Misc. Criminal Case No. 41 of 1989 awarding maintenance @ Rs. 250/- to each of the respondents viz. Smt. Sushila alias Iqbal Banoo and Kundanlal Jaiswal, from the date of application.

(2.) THE facts leading to the filing of present writ petition are that, the non-applicants 1 and 2 viz. Sushila alias Iqbal Banoo and Kundanlal Jaiswal (hereinafter referred to as the 'wife' and 'sons' respectively) filed an application under S. 125 of the Criminal Procedure Code (for short. 'cr. P. C. ') against the petitioner Kunjilal Hanumanlal Jaiswal (hereinafter referred to as the 'husband') for grant of maintenance @ Rs. 500/- per month to each of them from the date of application i. e. 31-3-1989 before the Judicial Magistrate, First Class, 3rd Court, Nagpur. It was inter-alia alleged by the wife and the son in the application under S. 125. Cr. P. C. that Sushila is legally wedded wife of petitioner Kunjilal and out of the wed-lock of parties, a son Kundanlal was born. The wife has alleged in the application that she was Muslim by birth, but due to her marriage with the husband Kunjilal she converted herself to Hinduism. The wife further alleged that she has no means to sustain her and her son, and the husband without any reasonable cause has refused to maintain them. According to the wife and the son, the husband is a transporter and runs luxury buses business in the name and Style of 'jaiswal Brothers Bus Service'. According to wife and son, the financial condition of husband is very sound and he is also an income-tax payer. Along with the application under S. 125. Cr. P. C. the wife and the son also moved an application for grant of interim maintenance @ Rs. 500/- to each of them since they were not in a position to sustain themselves because of their precarious financial condition.

(3.) THE husband contested the application for grant of maintenance as well as for grant of interim maintenance. The defence set up by the husband was that Sushila alias Iqbal Banoo was not his legally wedded wife and he has not married to the said lady. He further set up the defence that when his marriage did not take place with Sushila, the question of Kundanlal being born out of the said wed-lock did not arise. In this view of the matter, the husband submitted before the Judicial Magistrate, F. C. that no interim maintenance could be awarded to the wife.