KAMALABAI KHANDERAO THETE SOU Vs. KHANDERAO MURLIDHAR THETE

JUDGEMENT

(1.) THIS writ petition is by wife and a daughter as against the husband of the former and the father of the latter, respondent No. 1, in respect of an order under section 125 of the Criminal Procedure Code granting maintenance of Rs. 100/- per month for the daughter but nothing for the wife on the ground that she has been able to keep her body and soul alive by selling vegetables in a vegetable market, and earning her livelihood.

(2.) THE relevant facts are as follows: Petitioner No. 1 is the wife of respondent No. 1 and she has been living separately since August 27, 1978. She filed this application under section 125 of Criminal Procedure Code in the Court of the Chief Judicial Magistrate, Nasik, being Miscellaneous Application No. 82 of 1982 on April 13, 1982. It is an admitted position that much before the filing of the application, respondent No. 1 had taken a second wife. Before the learned Magistrate, it was alleged that she was having a paramour and that she was living in adultery. It was also contended that respondents No. 1 had no neglected or refused to maintain the petitioners as according to respondent No. 1, petitioner No. 1 had left the notice on her own and had not come back to stay with him.

(3.) AGAINST this judgment and order the petitioners filed a revision application before the learned Sessions Judge. The learned Judge by his order dated December 11, 1981 dismissed the application and he did not change any of the findings given by the learned Magistrate.