SHANKARIAH Vs. ANNAPURNAMMA

JUDGEMENT

(1.) This revision petition arises out of the reference made by the Chief City Magistrate-cum-Additinal Sessions Judge, and District Magistrate (Judicial), Hyderabad in Cr.R.P. No. 120/67, recommending the quashing of an order of the Munsif Magistrate, Tandur dated 26th June, 1967 in M.C. No. 1/68 awarding maintenance to the respondent at the rate of Rs. 25 per mensum, under section 488 (1) of the Code of Criminal Procedure.

(2.) The ground on which maintenance under section 488 (1) Criminal Procedure Code was claimed by the respondent Annapurnamma, the legally wedded wife of Shankaraiah, the petitioner, was that the husband had married again and that she was being ill-treated and beaten and ultimately driven out of the house along with her children by him at the instigation of his second wife.

(3.) The respondent's claim was resisted by the husband on the ground that there was no neglect or refusal to maintain her and her children, nor was there any illtreatment, but she had developed illicit intimacy with one forest chowkidar by name Mohammed Jahangir and had deserted him and hence she is not entitled for maintenance.