RAMAVTAR Vs. SHIVBHAJAN ALIAS BHAJNA

JUDGEMENT

(1.) THE applicant has preferred an application under Section 482 of Cr.P.C challenging the order dated 1.12.2010 passed by learned Vth Additional Sessions Judge, Rewa in Criminal Revision No.296/2009 by which the order dated 14.7.2009 passed by JMFC Rewa (Shri G. C. Mishra) in MJC No.189/2006 was confirmed. Applicant has also challenged the order dated 14.7.2009 passed by JMFC Rewa.

(2.) FACTS of the case are that the respondent no.1 has filed an application under Section 125 of Cr.P.C that she was the wedded wife of the applicant. In 1986, after 8 years of her marriage Gauna took place and thereafter, she was residing with the applicant. She got six children from the applicant, out of them one had already expired. Applicant was in habit to assault the respondent no.1 and ultimately, she was thrown out from the house because the applicant kept one Geeta, daughter of Kolai @ Jamuna Saket in his house. Respondent no.1 and her children did not have any means for their maintenance and therefore, application under Section 125 of Cr.P.C was filed before the competent Magistrate.

(3.) LEARNED counsel for the applicant has submitted that respondent no.6 is not the child of the applicant and therefore, applicant was not liable to pay any maintenance to that child. It is also submitted that respondent no.1 could not prove the circumstances by which she could live separately. Without any sufficient reason to live separate, she could not get any maintenance. It was for the respondent no.1 to prove the reason. LEARNED counsel for the applicant placed his reliance upon the judgment passed by Hon'ble the Apex Court in case of "Chaturbhuj Vs. Sita Bai" ((2008) 2 SCC 316).