RAJLINGU PENTU PARKEWAR Vs. SAYAMABAI RAJLINGU PARKEWAR

JUDGEMENT

(1.) The petitioner/husband has challenged the reversal order passed by the learned Additional Sessions Judge, Biloli, dated 3-7-1996, whereby the respondent No. 1's revision application has been allowed and the judgment and order of learned Judicial magistrate, First Class, Biloli, dated 16-9-1995 was set aside. That resulted into grant of order in favour of the respondent/wife to pay Rs. 400/- per month for her maintenance from the date of application i. e. 11-2-1993.

(2.) The learned counsel appearing for the petitioner basically contends that the respondent being the second wife, she is not entitled for maintenance. The order passed by the learned Judicial Magistrate, First class, Biloli, therefore, was correct.

(3.) After considering rival submissions, undisputed position on record is that on earlier occasion the respondent had filed application for maintenance i. e. Miscellaneous criminal Application No. 124 of 1979. The said matter was compromised on 15-7-1972. On second occasion, another application i. e. Miscellaneous Criminal Application No. 31 of 1972 was compromised on 9-4-1973. The parties agreed to behave properly as per this compromise. Thereafter, as there was no change in the behaviour, therefore, another application is filed. Now for the first time in this Miscellaneous Application No. 13 of 1993, the petitioner/husband has made averment in his reply that the respondent is not legally wedded wife. He led evidence of two witnesses, one is stated to be first wife and another the daughter of first wife in support of the said defence. The learned judicial Magistrate, First Class, Biloli, therefore, based on this oral evidence, rejected the maintenance application filed by the respondent.