JUDGMENT

V.S. Sirpurkar, J. —

1. Leave granted.

2. The appellant Saygo Bai, wife of Chueeru Bajrangi along with her two minor children Jivti (daughter) and Basant (son) filed an application under Section 125 Cr.P.C. against her husband Chueeru Bajrangi. She pointed out therein that her husband had taken a second wife, namely, one Smt. Gulab Bai and that he was a salaried employee in a Government department. However, he was neglecting to maintain Saygo Bai and her two children. She also pleaded that she had cordial relationship with her husband upto year 1989. However, the respondent-husband started avoiding the family. During the year 1990, he took Gulab Bai as his second wife. As a result, the appellant and her children were thrown out. She claimed the maintenance of Rs.3,000/- per person per head. The respondent-husband resisted this application claiming that he always maintained good relations with Saygo Bai and used to visit his village Chalani, where his wife and children resided with his parents, off and on. He claimed that when Basant, the younger child was only six months old, Saygo Bai left her matrimonial house without any rhyme or reason and went to her father’s place at