SAYABAI Vs. GULLU

JUDGEMENT

(1.) THE applicants have filed this revision against the order dated 19.12.1996 of the learned Additional Sessions Judge, Multai, District Betul, in Criminal Revision No. 1/96, by which the learned Judge has set aside the order dated 28.11.1995 of the learned Additional Chief Judicial Magistrate, Multai in Misc. Criminal Case No. 70/90 to the extent the order directed payment of maintenance to applicant No. 1 in the sum of Rs. 300/ -. The learned Additional Sessions Judge has also modified the direction for payment of maintenance at the rate of Rs.200/ - per month to the applicant No. 2 and reduced it to Rs.150/ - per month.

(2.) AS per the case of the applicants, the applicant No. 1 was married to the non -applicant in the year 1978 and from this marriage a son, applicant No. 2 Meghraj, was born. After about two and a half years of their marriage, while the applicant No. 1 was pregnant, she had come to her parents' house where applicant No. 2 was born. According to the applicant No. 1, the sister of her husband had been married to her brother, who had fallen into a well and died at the time when the applicant No. 2 was hardly a month old. On hearing about the death of his sister, the non -applicant had come to the house of the parents of the applicant No. 1 and beat her saying that she would also meet the same fate. It was alleged that in June, 1990 the non -applicant husband has contracted another marriage and a case under section 494 of IPC was pending against him. The applicants, therefore, claimed maintenance on the ground that the non -applicant had neglected and refused to maintain the applicant No. 1 and her son applicant No.2.

(3.) LEARNED Additional Chief Judicial Magistrate, on the basis of evidence adduced by the parties, allowed the maintenance to the applicant. No. 1 in the sum of Rs.300/ - and to applicant No. 2 in the sum of Rs.200/ - per month from the date of his order which, in revision by the non -applicant husband, has been modified and the direction for payment of maintenance to the wife has been set aside and maintenance amount of Rs. 200/ - granted to the applicant No. 2 has been reduced to Rs.150/ - per month. It is against this order that the applicant wife has filed the present revision.