KANESH MALAKAR Vs. MUSSTT PROTIVA RANI MALAKAR

JUDGEMENT

(1.) The respondent had filed an application under S.125 of the Cr. P.C., 1973 hereafter the 'Code', on the ground that on assurance by the petitioner that he would marry her, she had started living with him and came to be in a family way and then were married. A child was born but died soon afterwards. The petitioner illtreated her, drove her out of the house and had neglected to maintain her. The respondent accordingly claimed maintenance from the petitioner.

(2.) The petitioner had resisted the claim and had denied that the respondent was ever married to him or that he was liable for her maintenance.

(3.) The learned Magistrate by the impugned order dt. 14-12-81 directed the petitioner to pay Rs. 100/- per month as maintenance.