SOMNATH Vs. DUKHIYA BAI

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) is directed against an order dated 4-12-1982, passed by Sessions Judge, Durg, in Criminal Revision No. 135/82.

(2.) Non-applicant. No. 1 Dukhiyabai is the mother of non-applicant No. 2 Rambagas who is minor. It is a common ground that Dukhiyabai was married to Somnath, who is the present applicant. Dukhiyabai submitted an application under Section 185 of the Code, claiming the rate of Rs. 300/- per month for herself and Rs. 100/- for the minor son. The trial Magistrate allowed the application and awarded Rs. 300/- per month for the wife and Rs. 100/- per month for the minor son, as maintenance. Aggrieved by the order Somnath, the husband filed a revision which has been dismissed by the Sessions Judge, by the impugned order. Hence this petition under Section 482 of the Code by Somnath.

(3.) The case of wife Dukhiyabai was that her husband Somnath about four years back after harassing and beating turned her out. Even earlier this is how Somnath had behaved with her but because of her parents, she had come back. She also alleged that Somnath about four years back had one Urmila as his keep and subsequently he turned her out. Thereafter he had another keep with him and after few months she also was turned away. Thereafter since last two years he has kept one Ramotinbai as his wife, who is living with him. The husband Somnath in his reply alleged that Dukhiyabai was of loose character and she left his house in his absence along with the minor son Rambagas. When he went to her parents house to bring her back, she had refused to come. He alleged that because of her bad character, she always used to quarrel with him. He denied the allegation with regard to his having kept any woman as wife or otherwise. He thus resisted the claim of Dukhiyabai. The trial Magistrate on a consideration of the evidence of the witnesses as were examined, found that Somnath after beating Dukhiyabai urged her out and had been keeping other woman as keeps. In this connection, the proceedings in the PANCHAYAT were also taken into account. The evidence of the witnesses as were examined on behalf of Dukhiyabai were found to be trustworthy. The trial Magistrate on a consideration of the monthly income of Somnath and the income from the agricultural land had fixed the amount of maintenance for the wife and the minor son.