JAGDISH S O RUSHI NANDESHWAR Vs. SOBHA

JUDGEMENT

(1.) By this application under section 482 of the code of Criminal Procedure, the applicant challenges the order passed by learned additional Sessions Judge, Bhandara in Criminal Revision No. 49/1997, directing the applicant to pay maintenance allowance at the rate of Rs. 4007- per month to the non-applicant.

(2.) The facts, which gave rise to the present proceeding are as under. Non-applicant Shobha Nandeshwar claims to have been married to applicant Jagdish after she had carried the applicant's child in her womb. Since, the applicant neglected and failed to maintain her, in spite of the fact that he owns four acre land and also earns Rs. 50/- per day from agricultural labour, the said Shobha filed an application under section 125 of the Code of Criminal procedure before the learned Judicial Magistrate First Class, Sakoli. She claimed maintenance allowance at the rate of Rs. 500/- per month from applicant Jagdish.

(3.) Jagdish filed reply, denying that Shobha was married to him as per the customs or the prevalent rites applicable to Buddhists. He denied having consented to any such marriage, though he admitted that Shobha was carrying pregnancy of nine months and also that she had given report to Police Station arjuni Morgaon against Jagdish. He also admitted that Shobha had delivered a child in a hospital at Nawegaon Bandh and that the child died. He claimed that he was a teenage student of Junior College and, therefore, neither possessed any means nor any income, to be able to pay any maintenance to Shobha.