CHHELA Vs. SOHANI

JUDGEMENT

(1.) THIS reference has been made by the Additional Sessions Judge, No. 1 Jodhpur. It arises out of an application for grant of maintenance filed by Mat. Sohani against her husband Chhelaram under Section 488, Cri. P. C.

(2.) CHHELARAM has three eons Pusaram aged 12 years. Hardeo aged 5 years, and Kalu aged 1 year, all of whom are living with Mst. Sohani. It has been held by both the lower Courts that Mat. Sohani had been beaten and ill-treated by her husband Chhelaram. In agreement with the trial Court the learned Additional Sessions Judge has also found that Smt. Sohani was entitled to get maintenance for herself and for her youngest son Kalu, who was one year old. But he was of the view that the learned Magistrate should not have awarded any maintenance for Pusaram aged 12 years, and Hardeo aged 5 years, in view of the fact that Chhelaram had offered to keep them with him and to maintain them but Smt. Sobani was not prepared to hand them over to her husband. The learned Additional Sessions Judge has therefore found that there was no neglect or refusal on the part of the father to maintain these two children and therefore the wife is not entitled to get maintenance for them. He also held that according to Hindu Law the father is entitled to the custody of the minor children.

(3.) IT may be observed that the learned Magistrate has awarded Rs. 50 per month by way of maintenance per month to Smt. Sohani and the three boys jointly. Two questions which arise for decision in this reference are.