SHYAMLAL Vs. MANSHA BAI

JUDGEMENT

(1.) This revision is directed against the order of learned Judge, Family Court, Jodhpur dated 13-5-97 by which he ordered the petitioner to pay Rs. 350/- per month to each of his children Rinku and Kirti from the date of application submitted under Sec. 125, Cr.P.C.

(2.) I have heard the learned counsel for the petitioner as well as learned counsel for the respondents.

(3.) Mansha Bai was married to Shyamlal. Out of this wedlock two children were born. It was alleged in the petition that the wife and two minor children were kicked out of the house by the petitioner and he was not maintaining them for last 7 years. They were kicked out without any cause and have been neglected by the petitioner. He has refused to maintain them. The minor children Rinku and Kirti were living with their mother who was living with her mother as her father has already expired. They do not have any source of income and are unable to maintain themselves. The petitioner was a railway employee and was earning Rs. 2300/- per month and has nobody to look after. Therefore, it was submitted that Rs. 500/- be paid as maintenance allowance to each of three. The husband submitted his reply before the learned Judge of the Family Court admitting that Mansha Bai was his wife and two children were born out of the wedlock. He submitted that the wife had gone to her parents house on her own sweet will and despite his best efforts she was not ready and willing to live with the husband. She was maintaining hereself as well as the children. It was further stated that the wife did not want to live with the husband in the joint family and was pressurising that the petitioner should leave his parent's and live in a separate house. The petitioner was not in a position to leave them and wanted to keep all of them joint. He never refused to maintain the wife and children. Many a time he tried to bring them and even panchayat of his community was held for the purpose. But the wife was not willing to live with the husband. Even in the last para of the reply it was submitted that the husband was ready to keep the wife and children with him. He also submitted that the wife was earning Rs. 70/- or 80/- per day as she was a washer woman while the petitioner was getting a salary of Rs. 1500/- being a khalasi in the railway, out of which he has to pay Rs. 350/- as house rent. The learned Judge, Family Court recorded the statements of witnesses of both the sides and then by the impugned order he refused to grant maintenance to the wife but ordered that a sum of Rs. 350/- be paid to each of the children totalling to Rs. 700/- per month from the date of the application. It was against this order that the petitioner has come in revision under Sec. 19 of the Family Courts Act.