KALUIYA SAHU AND OTHERS Vs. KAILASH SAHU

JUDGEMENT

(1.) This revision under Section 397/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) has been filed by the applicants against the order dated 24.09.2004, passed in Criminal Revision No.170/2004, by learned Ist Additional Sessions Judge, Sidhi, whereby learned Revision Court set aside the order granting maintenance to the applicants, dated 19.07.2004, passed in Criminal Case No.176/2003, by learned Judicial Magistrate First Class, Churhat, District Sidhi.

(2.) The applicants had filed an application under the provisions of Section 125 of the Code, contending that the marriage between the applicant and the respondent was solemnized 14-15 years back as per the Hindu rites and rituals. Two children were born out of the wedlock. It is alleged by the applicants that they are living with the father of the applicant No.01 because, the respondent denied to maintain them from 23.08.2008. The applicant No.01 has no source of income neither her parents has been able to take care of her. It is also contended that the respondent having agricultural land and is also working as Labor, hence, earns Rs.50,000/- and Rs.3,000/- per month respectively. The applicant No.01 is facing great difficulties in maintaining her children, hence, prays maintenance to the tune of Rs.15,00/- for herself and Rs.1,000/- for maintenance of her children.

(3.) Respondent entered his appearance by filing reply and submitted that the respondent has no source of income. The respondent and his mother maintaining their livelihood by the agricultural income of father of the respondent. The applicant No.01 without any reason left the house of the respondent and never turned up, therefore, the application filed by the applicants deserves to be dismissed.