Decided on August 01,2005

Yogesh Chandra Sheel (Rai) Appellant
Sandhya Rani Sheel Respondents


DHIRENDRA MISHRA,J. - (1.) DHIRENDRA MISHRA,J. The applicant-husband has preferred this revision petition against the order dated 24-1-2003 passed by II Additional Sessions Judge, Jagdalpur in Criminal Revision No. 12/2001 which was filed by non-applicant Nos. 1 and 2 herein and thereby allowed the same and granted maintenance at the rate of Rs. 1000.00 per month to non-applicant No. 1 and Rs. 500.00 per month to non-applicant No. 2 w.e.f. 14-12-2000. This apart, learned Additional Sessions Judge also granted maintenance at the rate of Rs. 500.00 per month to the son of applicant and non-applicant No. 1 namely Shankar Sheel though he was not the party to the said revision petition before him. Brief facts necessary for the adjudication of this petition are as under:- 1. Non applicant No. 1 along with her son Shankar Sheel and non-applicant No. 2 filed an application under Section 125 of the Code of Criminal Procedure (hereinafter referred to as 'Code') claiming themselves to be wife, son and daughter respectively of the applicant herein. Their marriage was solemnized 23 years prior to the filing of the said application at Raigarha (Orissa) and thereafter they resided at Village Hatkachora in Jagdalpur District. Through the wedlock of applicant and non-applicant No. 1 daughter Rama Mona Sheel and Shankar Sheel were born. Their eldest daughter Rama has been married five years prior to the filing of the said application. Thereafter, applicant-husband started III treating non-applicant No. 1-wife and ultimately ousted her along with children from his house in the year 1982 and then kept one Renu Rai as his concubine. It has also come on record that husband, the applicant herein, is a Constable in the police department of State Government getting the monthly salary of Rs. 3,500.00. Apart from this he also has a house of his own and gets Rs. 1000.00 per month as rent but even then he did not care to maintain the non-applicants in spite of the repeated insistence of the mother of non-applicant No. 1-wife for the same. Even though the children of the applicant and non-applicant No. 1 were the students of standard VIII and IV who were dependant on the mother of non-applicant No. 1 as there was no source of livelihood available to them, the applicant-husband did not care to look after them. Marriage with non-applicant - wife and paternity of children was also denied by the applicant-husband. It was averred that in fact non-applicant No. 1 was married to one Sachindra Nath in the year 1969. However, because of the illicit relation with one Parimal her husband left her. Thereafter, mother of the non-applicant No. 1 herein proposed the marriage of her daughter Smt. Sandhya Rani Sheel with the present applicant but she said proposal was turned down by him. The non-applicants had also filed an application for interim maintenance before the Trial Court and the Trial Court awarded interim maintenance at the rate of Rs. 400.00 per month vide order dated 1-4-1997 w.e.f. 28-9-1996 in favour of the non-applicant Nos. 1 and 2. However, no interim maintenance was awarded to son Shankar Sheel.
(2.) Learned JMFC rejected the application of non-applicants by recording a finding that the non-applicant No. 1 has failed to prove her marriage with the applicant and that Rama Sheel and Shankar Sheel are the daughter and son of the present applicant. Learned Judicial Magistrate also recorded a finding that the non-applicants have also failed to prove their ouster by the applicant. Renu Rai was however held to be the legally wedded wife of the present applicant. Thus the application filed by the non-applicants was dismissed by the learned JMFC, Jagdalpur on 14-12-2000.
(3.) Aggrieved non-applicants herein preferred criminal revision against the order of the learned Magistrate before the learned Additional Sessions Judge who by the impugned order allowed the revision of the non-applicants herein and awarded maintenance at the rate of Rs. 1000.00 per month to wife/non- applicant No. 1 and at the rate of Rs. 500.00 per month to non-applicant No. 2 - daughter of applicant and non-applicant No. 1. Learned Additional Sessions Judge also awarded Rs. 500.00 to son Shankar Sheel though no revision was filed on his behalf w.e.f. 14-12-2000. Arrears of maintenance at the rate of Rs. 1000.00 per month was also made payable to the non-applicants which was however held to be adjustable.;

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