SULAXMI BAI Vs. KARRE SRIDHAR

JUDGEMENT

(1.) IN a petition filed by the petitioners herein under Section 125 Cr.P.C. for maintenance, the trial Court granted maintenance of Rs.150/- P.M. to the first petitioner and Rs.100/- P.M. to the second petitioner. IN a revision filed by the petitioners herein, the lower appellate court has arrived at a conclusion as a finding of fact that first petitioner i.e., the wife of the first respondent and their child, the second petitioner are themselves responsible for staying away in the house of the mother of the first petitioner and so, they are not entitled to the maintenance and allowed the revision petition, by setting aside the order of the trial Court. As against that finding, this criminal revision case is filed. Simply becasue the child i.e., the second petitioner is also living with the mother i.e., with the first petitioner, it cannot be said that she has to be deprived of the maintenance. The father i.e., the first respondent is bound to maintain his daughter i.e., the second petitioner wherever she is. IN the case of the wife i.e., the first petitioner, the lower appellate court has arrived at a conclusion as a finding of fact that, on her own accord, came away to the house of her mother, and she was unreasonably refused to join and live with the husband i.e., the first respondent and I see no reason to disagree with the said finding. IN the case of the second petitioner, that finding need not be given as by his conduct he made the child to be with the mother. If he has taken some steps under Guardian & Wards Act, we can say that he has made a reasonable attempt to maintain his child. When he was a silent spectator seeing the plight of his daughter i.e., the second petitioner with the mother, it cannot be said that he was diligentenough to maintain her. So the conduct of the father i.e., the first respondent shows that he is neglecting to maintain his daughter - the second petitioner which attracts the provisions of Sec.125 Cr.P.C. Under these circumstances, the order of the learned Addl. Sessions Judge rejecting maintenance to the first petitioner-wife is confirmed. But the maintenance at the rate of Rs.150/- P.M. is granted to the daughter i.e., the second petitioner from the date of filing of the petition. The Criminal Revision Case is accordingly allowed in part.