SATISH PATEL Vs. PUSIYA BAI

JUDGEMENT

(1.) THE petitioner has challenged the order dated 23.7.1998, passed by Ilnd ASJ, Mandla in respondent's Criminal Revision No. 64/96, wherein setting aside the order of rejection passed by JMFC, Mandla on respondent's maintenance petition, registered as MCrC No. 159/95 on 26.8.1996, The Ilnd A.S.J. Mandla directed this petitioner to pay an amount of Rs. 600A to the respondent, as maintenance since 26.8.1996, the date of which, the final order was passed in respondent's maintenance petition, bearing MCrC No. 159/95.

(2.) IT is hot being disputed that respondent is the wedded wife of petitioner and the petitioner is working as Upper Division Clerk in Government Service. It is further an admitted fact that son Nagendra is born out of this wedlock, who was aged about eleven years at the time of filing of maintenance petition in 1992 and was reading in Class fifth, who is living with the respondent Smt. Pusiya Bai, his mother.

(3.) DENYING the allegations levelled by the respondent, it is stated on behalf of the petitioner that respondent lived with him for a period of 2-3 years only after the marriage, and thereafter, she is living with her mother. It is also the case of the petitioner that in spite of repeated persuasion, the respondent is not ready to join the petitioner. According to petitioner, respondent is in possession of 8-10 acres of land, and therefore, she is capable to maintain herself.