INDU BAI Vs. RAMESH SAKHRE

JUDGEMENT

(1.) THIS revision application is directed against the Order dated 21-3-90 passed by Sessions Judge, Chhindwara in criminal revision No. 76/89 whereby he allowed the revision, reversing the Order of A. C. J. M. , Sausar, passed on 27-4-89 in M. Cr. C. No. 210/84.

(2.) IF Applicant, wife of non-applicant No. 1 moved an application Under Section ) 25 of the Code of Criminal Procedure before A. C. J. M. for grant of maintenance allowance to her as also to her 3 children on the ground that after one year of the marriage of the applicant the non applicant No. 1 developed intimacy with one Rajnibai and he passed most of his time with the said lady and neglected the applicant and her children who were born out of his wed-lock. Non-applicant No. 1 always treated her with cruelty and ultimately the non-applicant No. 1 turned her out from the house and locked the house. The applicant also informed the police by Annexure P-1 she also sent lawyer's notice under registered cover to the non-applicant Ex. P. 3. Despite that the non-applicant No. 1 did not care to maintain her or to her children. The non-applicant No. 1 was drawing salary of Rs. 1,800/- per month, she therefore, prayed for grant of maintenance to herself and her children at the rate of Rs. 900/- p. m.

(3.) THE non-applicant No. 1 contested the claim of the applicant. The learned Trial Court after considering the evidence granted maintenance allowance to the applicant at the rate of Rs. 200/and Rs. 100/- each of the three children. As against the Order of grant of maintenance, the non-applicant, No. 1 preferred criminal revision before the S. J. , Chhindwara who reversed the order of the Trial Court so far the grant of maintenance allowance to the applicant was concerned.