CHANDA Vs. DR. SHANKAR RAO

JUDGEMENT

(1.) The applicant claimed to have married with non-applicant Dr. Shankarrao Chiwane on 25.8.1984. Master Amol a son is said to have been born out of this wedlock on 5.2.1986. According to the applicant, she was thereafter deserted by non- applicant Shankarrao. She with her son Amol, therefore, on 13.10.1986 applied for maintenance under Sec. 125 of the Criminal Procedure Code.

(2.) The learned Judicial Magistrate by order dated 31.7.1987 rejected the claim for maintenance of the applicant. However, by the same order, the learned Magistrate awarded maintenance at the rate of Rs. 200.00 per month in favour of her son Master Amol Shankarrao Chiwane.

(3.) The applicant wife questioned the correctness and legality of order rejecting her claim of maintenance by filing instant revision application under Sec. 397, Code Criminal Procedure It is reported at the Bar that non-applicant Dr. Shankarrao Chiwane presented the criminal revision application under Sec. 397, Criminal Procedure Code, questioning the legality and validity of the order awarding maintenance in favour of Master Amol. It is further reported that the revision application presented by non-applicant Shankarrao bearing No. Criminal Revision 2023/87 is pending before the Sessions Judge, Nagpur.