- (1.) HEARD learned counsel for the petitioner and the learned counsel for the opposite parties.
(2.) THE petitioner is aggrieved by the order dated 30.08.1997 passed by Sri Gajendra Prasad, learned Judicial Magistrate, Bermo at Tenughat, in Maintenance Case No. 37 of 1993, whereby in a proceeding u/s 125 of the Cr.P.C., the petitioner has been directed to make the payment of Rs.300/ - per month for maintenance of his deserted wife and Rs.300/ - per month to the minor son living with her mother.
(3.) THE record shows that the application u/s 125 of the Cr.P.C., was filed by the opposite parties herein, wherein O.P. No. 1 claiming herself to be the legally wedded wife of the petitioner, stated that she was married to the petitioner about seven years ago and on 09.12.1988 a son was born to them out of the wedlock. In the year 1990 the petitioner married another lady and drove her away from her matrimonial home along with her child. Thereafter she was living with her parents. Claiming that she had no means to maintain herself and her child, where as the petitioner had sufficient means to maintain them, the application u/s 125 of the Cr.P.C., was filed by the opposite parties in the Court below. The impugned order shows that upon notice the petitioner appeared in the Court below and filed his show -cause, in which the case of the petitioner is the complete denial of the marriage and birth of any child from any such wedlock. The petitioner has also denied any relationship with the opposite parties and has claimed that he had married one Anita Baske, who is his legally wedded wife and there was no relationship between the petitioner and the opposite parties, who belonged to different religions.;