LALITA GOUNTIANI Vs. GOBARDHAN SAHU

JUDGEMENT

(1.) THIS revision arises out of the wife's application for maintenance under Section 488 Code of Criminal Procedure.

(2.) THIS is an unfortunate case in which after five years of married life the wife had to leave her husband. A so and a daughter were born to them. The wife is now living in her father's house for the last four years. It also appears that the husband has married for the second time. I am told that the son is living with the husband. The learned Magistrate on these facts came to the finding that the husband to pay maintenance to the wife and the daughter. In the order under revision the learned Magistrate has fixed Rs. 25/ - in all per month towards maintenance of the wife and the daughter from the date of the said order.

(3.) THE only question before this Court is to decide whether or not the quantum of maintenance allowed by the learned Magistrate was sufficient deciding this matter the Court has to take all the surrounding circumstances in to consideration, namely, the husband's conduct in relation to his wife and the children born out of the wedlock, his financial capacity pay and other circumstances. On the facts before me, I have no sympathy for the husband in view of his rash conduct in going for a second wife leaving his first wife with one son and one daughter born to them. This is a fit case for penalising such an irresponsible husband and the only way the Court can help in such circumstances is to compel the husband to pay a heavy premium for the luxury of a second wife. The punishment should be exemplary in order to have a deterrent effect on society.