LAHARAM Vs. MELAN BAI

JUDGEMENT

(1.) The applicant/husband has tiled this petition under section 482 of the Code of Criminal Procedure challenging the order passed by the Courts below awarding maintenance of Rs. 100/- per month to the non-applicant.

(2.) The married mere married long back and as a result of the wedlock, the non-applicant gave birth to five children, out of which four are with the applicant and one Sitabai is with the non-applicant. Sometime in 1983, the applicant turned her out when she was carrying pregnancy of the child Sitabai. The applicant intended to marry another woman. She, therefore, through a written notice (Ex. P-i), demanded maintenance. On account of noncompliance, she filed the petition claiming Rs. 200/- per month for self and Rs. 100/- per month for the child.

(3.) The applicant/husband opposed the application on various grounds, including the ground of adultery. According to him, the non-applicant is leading adulterous life with one Jagdish. The applicant also raised the plea of divorce in a caste panchayat and, therefore, be was free to so in for second marriage.