RAZIA BEGAM SK GHOSE Vs. SK GHOUSE

JUDGEMENT

(1.) ORIGINAL Petitioner No. 1, the wife, (hereinafter referred to as wife), has preferred this Revision Application to challenge the order passed by the IIIrd Additional Sessions Judge, Nanded In criminal Revision No. 348 of 1986 on its file, allowing the Revision partly and setting aside the order passed by the Chief Judicial Magistrate, nanded, dated 28th November, 1986, granting maintenance to the wife at the rate of Rs. 100 per month from the date of filing of the Petition, i. e. 12th December, 1984, and confirming the order of maintenance granted in favour of the Applicant Number, 2-Sikandar, the minor child of the original opponent-husband (hereinafter referred to as the husband ).

(2.) BRIEFLY stated, facts giving rise to this Revision are as under-Admittedly, the marriage of the wife with the husband subsisted when the Petition was filed and it is also an admitted position that Sikandar is the son born out of the said wedlock and he is the Petitioner No 2.

(3.) THE husband appeared in the Court and filed his say-Exhibit 10, the sdy was filed on 5th July, 1985 and the husband denied the allegations of ill-treatment, demands and other stories He, on the other hand, contended that the wife had left his house on her own in April, 1983 with her father. He also claimed that he had filed an application for restitution of conjugal rights on 3rd April, 1984 against the wife and the same was pending in the Court, and it is due to this that the wife has filed the application claiming maintenance. He also claimed that the father of the wife had never approached him with a request to take back the wife. He on the other hand claimed that he had made several efforts and attempts to bring back the wife, but ail those attempts were futile According to him, the wife was able to maintain herself as she does the work of tailoring and embroidery and gets Rs. 10 per day and, therefore, she was not entitled to claim any maintenance. He also contended that he gets only Rs. 250 by way of salary and he being only earning Member in the family, and that he has to maintain two brothers, two sisters and parents, and he is, thus, unable to provide separate support to the wife.