BILAWATI PEGU Vs. PHUKAN PEGU

JUDGEMENT

(1.) THE petitioner herein filed a petition under section 125 Cr. P.C. against the present opp. party for maintenance for herself and for her three children, namely, two daughters and one son. There is no dispute that parties were legally married and two daughters were born out of their wedlock. There is, however, a dispute regarding the son who is the youngest one. The petition was resisted before the learned Trial Court mainly on the ground that the petitioner is living in adultery with one Debananda Tanti.

(2.) THE learned Magistrate on perusal of the evidence on record held that the opp. party failed to prove that the present petitioner is living in adultery and accordingly granted maintenance allowance of Rs. 250/ - per month to the first party, Rs. 100/ - for the youngest child as according to the learned Court the opp. party is the father of the said son. The learned Court, however, did not grant any maintenance allowance for two daughters as admittedly the said daughters were taken away from the custody of their mother by the opp. party. The learned Sessions Judge exercising his revisional jurisdiction set aside the above judgment of the learned trial court and remanded the case for proper adjudication in the light of the observation made in the impugned judgment dated 27.6.85 passed by the learned Sessions Judge, Kamrup, at Gauhati in Case No. Criminal Motion 65 (K -4) 83. Hence, the present petition.

(3.) ON perusal of the judgment of the learned lower revisional court, it appears that the case was remanded for non -reading of the evidence as a whole by the learned trial Court.