MANMATI Vs. RADHEYSHYAM

JUDGEMENT

(1.) APPLICANTS feel aggrieved by the order dated 16-1-88 passed by Judicial Magistrate First Class Sarguja in M. Cr. C. No, 14/84 as approved by order dated 15-2-1989 passed by Sessions Judge, Ambikapur (Surguja) in Cr. Revision No. 44/88, dismissing their application for maintenance under Section 125 Cr. P. C. and have approached this Court by tiling this application under Section 482 Cr. P. C.

(2.) THERE is no dispute that the applicant Shivshanker is the minor son of the applicant Smt. Manmati. They riled an application in the Court of Judicial Magistrate Class 1 Surajpur on 12-11-84 alleging that the non-applicant Radheshyam was legally married husband of applicant No. 1 and father of applicant No. 2. They further alleged that the non-applicant has abandoned them since last about four months and is refusing even to maintain them. It was therefore prayed that the Court be pleased to order maintenance at the rate of Rs. 500. /- per month.

(3.) THE non-applicant denied this allegation and submitted that the applicant No. 1 was married to one Shivpal which relationship still continues. He denied that she was ever divorced by Shivpal in accordance with the custom. He further denied that he married the applicant No. 1 any time. He also denied that the applicant No. 2 was his son. According to him, he was not liable to pay any maintenance.