RANGANATH S O NARSINGRAO HAJARE Vs. DHONDUBAI

JUDGEMENT

(1.) This is an husbands petition under section 482 of the Criminal Procedure Code, questioning the legality of the order of maintenance passed by both the courts below in favour of his wife, present respondent No. 1, and child, present respondent No. 2, granting them maintenance at the rate of Rs. 250/- and Rs. 150/- respectively per month.

(2.) The petition was filed by respondent-wife under section 125 of the Criminal Procedure Code along with her minor son, respondent No. 2. Her contention, in short, was that after a fair and happy married life of 7 years, she was ill-treated and beaten severely by her husband. She was driven out of her house by him along with her son. He had married a second wife. Her obvious contention was that on this ground she is entitled to live separately and claim maintenance from her husband for herself and her minor son, who was 7 years old, at the time of filing of the application.

(3.) The application was opposed by the husband denying the allegation of ill-treatment or driving her out of the house. Even the allegation made about the second marriage was stoutly denied by the husband.