BALMIKI NAIK Vs. LABANGA NAIK

JUDGEMENT

(1.) THIS revision is preferred against the judgment dated 14.3.83, passed by the learned S.D.J.M. Balliguda, in Misc. Case No. 8 of 1982, on his file, directing the Petitioner to pay maintenance to his wife (the present opposite party) at the rate of Rs. 60/ - per month after negativing the plea of the Petitioner that the opposite party was not entitled to claim any maintenance as she was living in adultery.

(2.) ADMITTEDLY the opposite party was the legally married wife of the Petitioner and two children were born to them out of their wedlock. The opposite party obtained an ex parte order from the Court on 27.4.1978 to the effect that she was entitled to maintenance at the rate of Rs. 60/ - per month. She was further awarded an additional sum of Rs. 60/ - per month for the maintenance of the children who were living with her. As the opposite party filed an application before the S.D.J.M. for enforcement of the order passed in her favour in the earlier Misc. Case No. 36 of 1977, the Petitioner raised an objection that she was not entitled to any maintenance on two grounds. Firstly that as the children were living with him, she was not entitled to claim any amount for their maintenance and secondly that as she was living in adultery, she cannot clam any amount towards her own maintenance. The learned S.D.J.M. found that as the children were found to be staying with the present Petitioner the opposite party is not entitled to be paid any amount towards their maintenance on a consideration of the evidence, the learned S.D.J.M. rejected the plea of the Petitioner that his wife was living in adultery and therefore, he directed him to pay the maintenance to his wife as ordered. Hence this revision.

(3.) IN the result, I find no merit in the revision petition and the same is accordingly dismissed.