MUKUNDA RAMJI DUNEDAR Vs. SITABAI

JUDGEMENT

(1.) BY invoking the jurisdiction of this Court under section 482 of the Code of Criminal Procedure, this petition has been filed for quashing and setting aside the order dated 7-12-2001 passed by the learned additional Sessions Judge in Criminal Revision Petition No. 4/2001 whereby revision came to be dismissed and the order dated 12-2-2001 passed by the learned Judicial Magistrate, First Class under section 125 of the Criminal procedure Code granting maintenance @ Rs. 300/- per month to the respondent-wife, was confirmed.

(2.) BRIEF facts are as under : the respondent-wife filed an petition claiming maintenance on the contentions that she is legally wedded wife of the petitioner-husband and their marriage was solemnized about 50 years ago. It is contended that the wife joined the company of her husband and lived with him continuously for the period of about 10 to 12 years and during that period the couple was blessed with a daughter by name Baby. It is contended that the couple started living separate after 10-12 years from the time of their marriage because of the ill-treatment meted out to the wife and the husband has refused and neglected to maintain her having sufficient means. It is contended that the wife was unable to maintain herself, and therefore, she claimed maintenance.

(3.) THE petitioner-husband combated the claim of wife on the contentions that she is not his legally wedded wife and in fact his marriage was solemnized with one Meerabai. He contended that since Sitabai was not his legally wedded wife, he was not liable to pay any kind of maintenance to her under section 125 of the Code.