SHOBHA Vs. BHAIYA LAL AND ANOTHER

JUDGEMENT

(1.) This revision is directed against the order passed by the Additional Sessions Judge, Nagpur in Criminal Revision application No. 1087 of 1984 rejecting the claim of applicant Shobha for separate maintenance under section 125 of the Criminal Procedure Code.

(2.) The applicant Shobha had filed an application under Sec. 125 of the Code Criminal Procedure against the non-applicant no. 1 Bhiyalal inter alia contending that she is legally wedded wife and Ku. Rajani in her daughter. After the marriage, the applicant resided with her husband but be neglected her to extent that not even the food was given to her. Further he has married a second wife and this fact by itself was sufficient to claim maintenance. The non-applicant no. 1 Bhiyalal is employed in a reputed Company and he earns sufficiently well to pay separate maintenance at the rate of 100.00 per month for herself and Rs. 50.00 for her daughter.

(3.) The non-applicant no. 1 Bhiyalal in his reply denied that the applicant Shobha was a legally wedded wife or that the marriage was solemnised at any time he also denied that a daughter was born to her. He refuted all the allegations of cruelty. Even the responsibility to maintain her was denied. The non-applicant no. 1 Bhiyalal, however, admitted that in the year 1981, the applicant Shobha, who was carrying seven months pregnancy, was left by her parents in his house and requested to keep her till delivery otherwise his reputation will be lowered in the estimation of relatives and the inhabitants of the locality. On such request, the applicant stayed in the house for two months. The applicant delivered a daughter. The non-applicant no. 1 Bhaiyalal disclosed his income as Rs. 400.00 per month.