KAMLA SAMLAPRASAD PAL Vs. SAMLAPRASAD CHARANLAL PAL

JUDGEMENT

(1.) BY invoking the jurisdiction of this Court under section 482 of the Code of Criminal Procedure, this petition has been filed by the wife and minor children taking an exception to the order dated 23-7-2002 passed by the learned 3rd Additional Sessions Judge in Judge in Criminal Revision no. 3 of 1999 whereby the learned Additional Sessions Judge allowed the said revision and quashed the order dated 30-11-1998 passed by the learned j. M. F. C. in Mis. Cri. Case No. 260 of 1996 granting maintenance at the rate of Rs. 250/- per month each to the wife and three children under section 125 of the Code of Criminal Procedure (for short the Code ).

(2.) BRIEF facts are required to be stated as under :

(3.) THE wife Kamla (P. W. 1) examined herself only in support of her contentions, whereas the husband Samlaprasad (D. W. 1) examined himself and two witnesses, namely Dhundulal (D. W. 2) and Dnyaneshwar (D. W. 3) in support of his contentions. The learned Magistrate on appreciation of evidence has recorded a finding that the husband having sufficient means refused and neglected to maintain the wife and the children who were unable to maintain themselves and consequently granted maintenance at the rate of Rs. 250/-per month to each of the applicants 1 to 4 (wife and children) from the date of the application, i. e. 24-12-1996. The husband being aggrieved by this order carried revision before the learned Sessions Judge, which was registered as criminal Revision No. 3 of 1999. The learned Additional Sessions Judge on appreciation of the evidence had come to the conclusion that the wife has failed to prove that her husband had refused and neglected to maintain her and her daughters and also recorded a finding that the children who have become major would not be entitled to claim any maintenance. Consistent with these findings, the learned Additional Sessions Judge allowed the revision on 23-7-2002 and quashed the order passed by the learned Magistrate by which maintenance was granted, as stated above. This order passed by the learned Additional Sessions Judge is under challenge in this application.