C.P.Sinha, J. - (1.) THIS application in revision is directed against the order dated 19-4-1971 passed by Mr. D. P. Singh. Magistrate. First class. Chapra. in a case under Section 488 of the Code of Criminal Procedure (hereinafter referred to as the Code). Under this order he has dismissed the maintenance claim of the two petitioners who are mother and son (aged about 3 years) against the husband opposite party Shahabuddin.
(2.) IT is common ground that petitioner No. 1 Bibi Sakho Khatun and the Opposite Party Shahabuddin were married in 1964 and the son (Petitioner No. 2) was born to them in 1967. IT is also admitted that at the time of their marriage Shahabuddin had a wife from before and that first wife is still alive. Petitioner No. 1 (Bibi Sakho) Lald maintenance claim in her petition dated 29-1-1970 for a sum of Rs. 150/-per month for herself and her minor son alleging, inter alia, severe cruelty and ill-treatment at her husband's hand against her. To illustrate that she alleged that he used to severely beat her in collusion with his first wife and mother and stopped food for days together. On the morning of 22-8-1969 he (husband) along with his brother-in-law and mother beat her (Petitioner No. 1) and tried to send her away to some unknown place after snatching the son (Petitioner No. 2) from her. The situation was. however, saved by the timely intervention of some other persons. Thereafter, for fear of her life she came to her father's place at Goldengani in Saran district after setting herself medically examined and has been living there since then. Her further case was that in those circumstances she along with her son wanted to live at her parents' place separate from the husband and if he (husband) liked he could himself come and stay with them in her Goldengani residence. It was alleged that the husband is a man of means having land and residential house besides income at the rate of Rs. 6/- to 8/- per day as a mason and petty contractor,
(3.) ON being called upon by the Court the husband Shahabuddin filed his show cause on 10-3-1970. In that show cause he seriously refuted the allegation of cruelty and ill-treatment made against him by the petitioners. He alleged that she was a lady of extremely bad culture and short temper and as such was always harsh in her behaviour with him as also his other relations. She had also become somewhat of a vagabond so as to get out of his control and went out as and when she liked against his liking. ON 21-8-1969 she (Petitioner No. 1) assaulted his (husband's) sister and mother which he seriously resented on which she (wife) abused him in filthy language and got ready to assault him. Following that incident she on that very day left his place and went away leaving the minor son with him saving him threats of bad con-sequences. He further alleged that she was unfortunately in league with undesirable persons to which he had been objecting and this was the cause of friction between them. He. however, averred that he was willing to maintain her along with her minor son on the condition that she gave up her objectionable conduct and live with him in his house as a Hood wife. He refuted of being possessed of sufficient means alleging that he was a poor man and the little income that he made by working as a weaver (Dhunia) was hardly sufficient to maintain himself and his other relations dependent on him.;