BISILAL VERMA Vs. GONDA BAI

JUDGEMENT

(1.) THIS petition is directed against the order dated 13.1.2003 passed by the Judicial Magistrate First Class, Kawardha in M.Cr.C. No. 65/2002, by which Rs. 2000/ - as maintenance was awarded to the respondent under Section 125 of the Cr. P.C. on the ground of neglecting to maintain by the applicant and the same was upheld in Criminal Revision No. 24/2003 vide order dated 11.6.2003 passed by Additional Sessions Judge (FTC) Kawardha.

(2.) THE sole ground, as prayed for, by the counsel for the applicant is that the respondent has claimed maintenance without any cause and she has not been neglected by the petitioner. He further submits that the petitioner is suffering from paralysis and he is not in a position to call the respondent to live with him in his house.

(3.) AFTER hearing the parties, both the Courts below has awarded maintenance to the respondent on the basis of neglection by the petitioner.