NEHERU BAG Vs. TAPASWINI BAG AND ANR.

JUDGEMENT

(1.) HUSBAND is the Petitioner in this revision against an order of maintenance granted under Section 125, Criminal Procedure, Code.

(2.) A few days after the marriage, opposite party left the marital home while she was conceiving and gave birth to a child in her paternal home. Thereafter, she filed suit for maintenance alleging desertion by her husband. Suit was dismissed on the finding that there was no desertion. After disposal of the suit, alleging that husband has married for the second time, an application under Section 125, Code of Criminal Procedure was filed. Trial Court having directed husband to pay maintenance at Rs. 200/ - per month, this revision has been riled.

(3.) THERE can be no doubt that a wife is entitled to be maintained by her husband and when the husband having sufficient means neglects or refuses to maintain his wife or his wife is unable to maintain herself, monthly allowance is to be directed to be paid to her. Therefore, while considering an application for maintenance made by a lady against a gentleman claiming herself to be the wife, trial Court is to consider whether she is the wife if the relationship is disputed. Thereafter, trial Court is to consider whether the wife is unable to maintain herself and whether the husband having sufficient means neglects or refuses to maintain the wife.