KUMARI BAI Vs. ANANDRAM

JUDGEMENT

(1.) This revision petition is directed against order dated 13-3-1992 of Vth Addl. Sessions Judge, Raipur, passed in Cr.Rev. No. 241/88 whereby the learned A.S.J. accepted the revision filed by the husband (now respondent) against the order dated 4-7-1988 of J.M.F.C., Gariyaband in Cr. Case No. 148/85. The Magistrate had allowed the application of the wife (now petitioner) u/S. 125, Cr. P.C. against the husband granting maintenance @ Rs. 150/- p.m. to her. The maintenance was allowed from the date of application i.e. 31-10-1985.

(2.) The petitioner claimed to be the married wife of the respondent. The marriage was performed according to the custom of 'Churi wearing' prevalent in the Gond tribe about 12 years back and two sons were born to the parties. She lived with the husband for 5 years and then he turned her out of the matrimonial house and did not maintain her. He was also ill-treating her. He is possessed of 30 acres of agricultural land earning Rs. 50000/- per year. Hence she claimed maintenance @ Rs. 500/- p.m. for self and Rs. 250/- p.m. each for the sons.

(3.) It was ultimately found that the sons are residing with the father who is maintaining them, so no maintenance was allowed for them. The Magistrate allowed Rs. 150/- p.m. for the wife holding that there was customary marriage between them as the provisions of Hindu Marriage Act, 1955 did not apply to them as per provi-sions of Sec. 2(ii) thereof. They have bee declared as Aboriginal Tribe under the provisions of Arts. 366(25) and 342 of the Constitution of India. The Gonds have been so declared as Aboriginal Tribe vide Notification No. 3000-905-I-7-N-1, dated 25-11-1960, published on 2-12-1960.