SIKKIM HIGH COURT
J K. Mohanty, CJ.
Smt. Harimaya Tamang - Petitioner
versus
State of Sikkim and another - Respondents
Criminal Revision No.1 of 1988
Decided on 18-4-1988
Shri Partiman Tamang, the father of the petitioner wife - For the Petitioner.
B.C. Sharma, Asstt. Govt. Advocate-For the Respondent No.1.
Chandra Bahadur Chettri, in person-For the Respondent No.2.

IMPORTANT POINT
Where maintenance was claimed by wife for minor child without making him party, in the interest of justice, this should not be a ground for denying maintenance to the minor.

Headnote:(i) Criminal Procedure Code, 1898-Secnon 488 – Claim of maintenance by wife - Wife found living in adultery after she left matrimonial home - Whether entitled to maintenance? (No) (Para 5)

       (ii) Criminal Procedure Code, 1898-Section 488 - Claim of' maintenance of minor child conceived during the time wife living with husband but born after he left the matrimonial home -Whether entitled to maintenance? (Yes)-Such child Not made a party instead State was made a party –Effect -Still minor child is entitled to maintenance and wife will pay costs of State. (Para 5 and 6)