M.S. Ratnaparkhi, J. - (1.) The petitioner, who happens to be the husband of the respondent, challenges the order passed by the Sessions Judge, Nagpur in Criminal Revision Application No. 461 of 1984 granting maintenance of Rs. 100/- per month to her under Section 125 of the Code of Criminal Procedure.
(2.) The facts giving rise to this litigation may be briefly stated as follows : The petitioner and the respondent are the husband and wife. The wedlock still subsists. They have two daughters who are presently staying with the respondent. Since 1983 or 1984 the respondent wife is staying at Nagpur along with her two daughters; whereas the husband is staying at Kalmeshwar. The case of the wife before the trial Court was that she was neglected or refused to be maintained by her husband, who is well-to-do man with ancestral property and his other earnings worth Rs. 10,000/- per year. It was her contention before the trial Court that she has no source of income to maintain herself and her daughters. She, therefore, filed an application before the Judicial Magistrate, First Class, Nagpur claiming maintenance of Rs. 200/- for herself and Rs. 150/- for each daughter per month.
(3.) The trial Court recorded the finding that the wife and daughters were neglected or refused to be maintained by the husband. He recorded the finding that the husband had no sufficient means. He, therefore, rejected the wife's prayer for maintenance. However, a maintenance of Rs. 50/- per month was granted to each daughter. This order has not been challenged by the husband and it has become final.;