CHANDRAKANTA SINHA Vs. ARUN KUMAR SINHA

JUDGEMENT

(1.) This revision-application under Sections 397 and 401 of the Code of Criminal Procedure Code is directed against the Order dated 23.4.1992 passed by Sri Ramanuj Sinha, Judicial Magistrate, 1st Class, Patna in Case No. 558(M)/1983 whereby the prayer for grant of maintenance has been refused.

(2.) The petitioner-wife made an application for grant of maintenance against her husband-Opposite Party claiming herself to be his legally married wife and on amongst other grounds. She has asserted that she was married with Opposite Party according to Hindu rites and customs on 4.7.1979 and thereafter, she was living with her husband. She gave birth to two sons-one on 5.12.80 and another 5.3.1982. These two sons are also petitioners and they are living with their mother. Sometime thereafter the Opposite Party started torturing and ill-treating her resultant she left her husband's house under compulsion. Neither the petitioner nor her children were maintained by the Opposite Party rather they were neglected to be maintained. Consequently, she made an application of grant of maintenance on 26.9.1983. She has also claimed that her husband-Opposite Party is a Junior Engineer drawing a handsome salary and the petitioner has no source of her livelihood and as such she is not able to maintain herself and her children. The proceeding was contested by the Opposite Party-husband on two grounds, firstly that the petitioner-wife is a Lecturer and getting a salary sufficient for her maintenance and her children' maintenance and secondly that she is living in adultery. However, Opposite Party-husband admitted the fact that the petitioner-wife is his legally married wife and two sons are his legitimate sons. Both the sides adduced evidence in support of their respective claims. After taking into consideration the evidence on the record, Judicial Magistrate recorded the finding that though the petitioner is legally married wife but she being employed as Lecturer and getting salary according to the statute of Magadh University she is not entitled for maintenance allowance. In second place he has also recorded the finding that second marriage of the Opposite Party-husband has not been satisfactorily proved.

(3.) On the aforesaid finding the learned Magistrate refused the prayer of the petitioner-wife and dismissed the application.