GUSAI Vs. BANOOBAI

JUDGEMENT

(1.) APPLICANT-HUSBAND had directed this petition under Section 482, Criminal Procedure Code for quashing of the orders dated 19/8/1996 and 13/3/1997 respectively rendered by JMFC, Kanod in Misc. Criminal Case No. 25/91 and ASJ Kannod in Criminal Case No. 5/97.

(2.) BRIEFLY stated the facts of the case are that the applicant and non-applicant No. 1 are the husband and wife. Non-applicant No. 2 is the son and non-applicant No. 3 is the daughter of the parties. Non-applicant No. 1 Smt. Banoobai filed petition before the JMFC Kannod under Section 125, Criminal Procedure Code for grant of maintenance to herself and minor son and daughter living with non-applicant No. 1. In the application it is stated that father of the applicant, after the birth of non-applicant No. 3 Kshmabai, ill-treated non-applicant No. 1 and turned her out along with minor children from the matrimonial home and, thereafter, applicant did not even care for their maintenance or for taking them back. It is also stated that after deserting non-applicant No. 1, the applicant contracted second marriage with one Jadibai, daughter of Patalia of village Muada. The application was opposed by the applicant mainly on the ground that non-applicant No. 1 along with minor children without any reasonable cause voluntarily left her husband was living separately with her parents and as such she is not entitled to get any maintenance. The applicant admitted the fact of second marriage with said Jadibai after obtaining divorce from non-applicant No. 1 under the customs prevailing in the community.

(3.) THE Trial Court on evaluating the evidence available on record allowed the application filed by NAs and awarded maintenance at the rate of Rs. 200/- per month in favour of NA No. 1 and Rs. 150/- per month in favour of each of the NA Nos. 2 and 3.