VITHALRAO MAROTRAO AWADHUT Vs. RATNAPRABHA AWADHUT

JUDGEMENT

(1.) This revision application filed by the applicant husband is directed against the order dated 20-4-1977 passed by the Judicial Magistrate, First Class, III Court, Nagpur, in Misc. Criminal Application No. 789 of 1975, holding that the second application for maintenance filed by the non-applicant No. 1 wife was maintainable under law.

(2.) The facts giving rise to this application are as follows :---The non-applicant No. 1 is legally married wife of the applicant. Their marriage took place at Nagpur in 1962. Two daughters were born to them. The elder is living with the sister of the present applicant and the younger daughter i.e. non-applicant No. 2 is living with non-applicant No. 1 at Nagpur. The non-applicant No. 2 had filed an application under section 488 of the Criminal Procedure Code for grant of maintenance in the Court of the Judicial Magistrate, F.C., Wardha wherein the learned Magistrate had ordered that the applicant husband should pay Rs. 40/- to the non-applicant No. 1 and Rs. 10/- to non-applicant No. 2 per month from the date of the order.

(3.) In her second application filed in the Court of the Judicial Magistrate, F.C., III Court at Nagpur, which gives rise to this revision application. The non-applicant No. 1 alleged that the applicant is very irregular in making the payment of the maintenance allowance and every time she has to approach the Court for getting the arrears of maintenance and that the applicant has not paid maintenance amount to her since last three years. Non-applicant No. 1 further alleged that the applicant husband is now residing at Etapalli, District Chandrapur, with another woman namely, Malti and does not care to maintain the non-applicant. She alleged that the applicant is a Government servant being a Wireless Operator and is drawing Rs. 450/- per month. It was also alleged by her that she is residing with her parents at Nagpur, she has no other source of income and, therefore, she is unable to maintain herself and her child non-applicant No. 2 and hence she prayed for maintenance allowance of Rs. 250/- per month for her own maintenance and that of non-applicant No. 2.