SHANKARLAL Vs. SAVITRIBAI

JUDGEMENT

(1.) The applicant-husband has preferred this application under Section 482 of Cr.P.C. against the order dated 9.3.2010 passed by the Additional Sessions Judge, Kotma District Anuppur (Shri B.S.Dixit) in Criminal Revision No.1/2010 by which the revision application was dismissed and the order dated 4.11.2009 passed in M.Cr.C. No.9/2009 by the Judicial Magistrate First Class, Kotma District Anuppur (Shri SPS Bundela) was confirmed.

(2.) The brief facts of the case are that the respondents herein had moved an application before the trial Court under Section 125 of Cr.P.C. that the marriage of the respondent No.1 Savitribai took place with the applicant in the year 1999 which was followed by her Gona. Thereafter she resided with the applicant and respondent No.2 was born on 21.5.2005. During the pregnancy of respondent No.2, applicant ousted respondent No.1, and therefore she had lodged an FIR at Police Station Jaithari District Anuppur. The respondent No.1 was not working, and therefore she was unable to maintain herself. Consequently, she prayed for a sum of Rs.3,000/- per month as a maintenance amount against the applicant. After delivery of the child (respondent No.2), a sum of Rs.2,000/- per month was also demanded for that child.

(3.) The applicant-husband in reply denied all the allegations. He has specifically pleaded that the grand father of the respondent No.1 kept a woman of caste Ghasiniya, and therefore he was ousted from his caste, therefore applicant could not marry with the respondent No.1 because of that social boycott. The respondent No.1 had illicit relations with one Lalaman, and therefore child born to the respondent No.1 was not of the applicant. It was also pleaded that applicant being Guruji under Education Guarantee Scheme earns a sum of Rs.1,000/- as a salary, and therefore he was unable to provide maintenance to the respondents.