JOHN STEPHEN PRABHUNATH Vs. DORIS ROSE BELA

JUDGEMENT

(1.) THIS revision petition is directed against the order of the learned Chief Judicial Magistrate, Jodhpur dated June 3, 1980.

(2.) THE brief facts of the case which are relevant for the disposal of this revision petition are that the non-petitioner No. l Shrimati Doris Rose Bela along with her two daughters Kumari Susmith and Kumari Suniti and her son Sandeep filed an application under section 125, Code of Criminal Procedure against the present petitioner. This petition was submitted before the learned Chief Judicial Magistrate on November, 16, 1979.

(3.) IT was further contended on behalf of Shrimati Doris Rose Bela that the children are with her and that she is properly looking after their education and is properly maintaining them. IT has also been contended on behalf of Shrimati Doris Rose Bela that her husband has married, another wife, and as she is having luxury of a second wife, he should not hesitate in making payment of the amount of maintenance which has been claimed by her. IT has been further contended that her husband is earning more than Rs. 1000/-, and it is very difficult for her to maintain herself and her three children, who are all school going with the total income of Rs. 480/- per month.