SHYAM SUNDER SHARMA Vs. SAROJ SHARMA

JUDGEMENT

(1.) These criminal revisions having arisen out of the orders dated 10.6.1996 and 2.4.1998 passed by the Principal Judge, Family Court Kanpur Nagar under Sections 125 and 127 of the Code of Criminal, procedure (hereinafter referred to as the Code) are being disposed of by a common Judgment and order.

(2.) The facts giving rise to these revisions are that an application under Section 125 of the Code was moved by the opposite parties for seeking maintenance of Rs. 1500/- per month. It was alleged that the revisionist, was getting salary of Rs. 3,000/- and had income from agricultural land and groves The opposite parties were turned out by the revisionist from his house on 17.10.1994 and since thereafter she along with children was residing with her parents. Four children two daughters and two sons were born to the opposite party No. 1 out of the wedlock of revisionist. The daughters remained in her custody whereas sons stayed with their father the revisionist. It was alleged that the revisionist remarried in the year 1985.

(3.) The application was contested by the revisionist by filing written statement. He admitted that opposite party No. 1 is his legally wedded spouse. He admitted the paternity of opposite parties No. 2 and 3. He asserted having contracted second marriage with the consent of opposite party No. 1. He denied that he was earning Rs. 3000/- as salary. He contended that he had to support a large family consisting of second wife, two sons and three daughters in his meager income.