RADHAMANI Vs. SONU

JUDGEMENT

(1.) This is the wife's revision against the dismissal of her claim under S. 125 of the Criminal P.C. 1973, by the Additional Sessions Judge, Bastar, for her own maintenance and for the maintenance of her two minor children.

(2.) The factum of lawful marriage between the parties according to the Hindu Rites and customs about 15 years back from now, is admitted; and so also, the fact that the two minor children Salindhar (aged now 9 years) and Gohindu (aged now 7 years), who were born out of their lawful wedlock, are living at present, with the applicant Mst. Radhamani at the latter's father's place (Para 1 of the petition). The respondent husband is employed in Madhya Pradesh Electricity Board as a helper on the monthly salary of Rs. 600/-.

(3.) According to the wife's petition, the respondent-husband, about two years before the presentation of the petition, had turned out his wife and his two minor children from his parental house and had left them to their own lot, and since then the applicant-wife along with the children is living at her parental house. The respondent-husband was alleged to have brought one woman Mst. Bodebai and to have kept her with him as his wife or concubine. It was alleged that the wife had no source of income for her own maintenance and that of her children; and the respondent-husband was responsible for their maintenance. Considering the income of the husband, total monthly maintenance amount of Rs. 250/- was claimed for her maintenance and for her two children.