A JAGADISHWARI Vs. A BIKSHAPATHY

JUDGEMENT

(1.) THIS revision is directed against the order dated 29. 3. 1495 of the learned Sessions Judge, Nalgonda, in Criminal R. P. No. 34 of 1994 on his file modifying the order of the learned Additional Judicial Magistrate of First Class, Bhongir, dated 25. 3. 1994 in M. C. No. 8 of 1991.

(2.) THE first revision petitioner herein is the wife of the respondent. The revision petitioner Nos. 2 and 3 are their son. For the purpose of convenience the first revision petitioner and the respondent are referred to as wife and husband in this case. The revision petitioners filed M. S. No. 8 of 1991 under Section 125 (1) A and B of Cr. P. C. for claiming maintenance at Rs. 400/- for the wife and at Rs. 200/- each to the sons from the date of petition on the ground that the respondent-husband deserted his wife and children and that they were subjected to harassment by demanding her to bring more dowry and that the husband also beat her mercilessly and drove her out of the house and that the husband has got sufficient means to provide maintenance. On the other hand, respondent-husband resisted the claim of the petitioners and his main contention was that the petitioner/wife was living in adultery and as such she is not entitled for the maintenance.

(3.) TO substantiate their respective contentions PWs 1 to 3 were examined on behalf of the petitioners and no documents were marked. On behalf of respondent-husband RWs 1 to 7 were examined and Ex. Rl was marked.