GORDHAN SINGH Vs. KALABAI AND OTHERS

JUDGEMENT

(1.) This revision petition is directed against the order dated 4-3-1983 passed by the Sessions Judge, Shajapur, in Criminal Revision No. 79 of 1982 whereby setting aside the order of the Judicial Magistrate First Class Sarangpur, he has, under Sec. 125 Crimial P.C. made a monthly allowance of Rs. 300.00 for the maintenance of the respondents.

(2.) It is not in dispute that the petitioner Gordhansingh is the husband of the N.A. I Mst. Kalabai and the N.As. Nos. 2 and 3 are respectively his minor daughter and son. The respondents live separately from him.

(3.) An application dated 6-7-1979 under Sec. 125 Crimial P.C. was moved by the N.A. No. 1 Mst. Kalabai with the following version. She is the wife and the present non-applicant No. 2 Devbai aged 8 years and the present non- applicant No. 3 Hiralal aged 3 years are respectively the daughter and son of the present petitioner. They are unable to maintain themselves and the present petitioner who with an annual income of about 10,000.00 has sufficient means. has, from the last nine months, neglected to maintain them. About 25 days back he has married one Shribai. At the end Rs. 150.00, 100.00 and 50.00 were respectively claimed for the three.