LALIT BORA Vs. SARUMAI NATH

JUDGEMENT

(1.) I glanced at the Reference and had a look at it. I have no hesitation in arriving at the conclusion that it has been so referred by Shri B.L. Hansaria, Sessions Judge at Jorhat awed by some observations made in some of the decisions of the High Courts. His depression, despair and helplessness to confront the situation is obvious from the wavering letter of reference.

(2.) THE Judge has recommended for modification of an order passed by the Sub -divisional Magistrate (Judl), Golaghat under Section 488 of the Criminal Procedure Code awarding a paltry sum of Rs. 50/ - per month to provide maintenance to the young wife aged hardly 24 or 25 years, at all relevant period, for the failure or neglect of her husband to support her.

(3.) AN application was filed by Smti. Sarumai Nath under Section 488 of the Criminal Procedure Code 1898, praying for her maintenance and also for her son. She states that she is the wife of the second party and was lawfully married and had a boy child out of the wed -lock. As she was ill she had gone to her mother's house for having treatment in the month of Kartika, 1971 (corresponding to October/November, 1971). While she was so staying in her mother's house, she got the information about the second marriage of her husband, Shri Lalit Mohan Bora. The marriage, according to her, took place in the month of Chaitra (corresponding to March, 1972). Her case is that she was unable to maintain herself and her son and that her husband having had sufficient means had neglected and refused to maintain them. She claimed maintenance for herself and her child at the rate of Rs. 150/ - per month.