KISHAN CHAND PAHUJA Vs. HARIDEVI

JUDGEMENT

(1.) AN order granting maintenance at the rate of Rs. 200/ - per month was made in favour of the wife on 2nd February, 1976. It appears that some time in the year 1977 the wife got employed. On 8th August, 1978 the husband filed an application under section 127 of the Code of Criminal Procedure for cancellation of the maintenance on the ground that the wife was in service and she was able to maintain herself. On 29th September, 1978 the wife made statement stating that she got employment in 1977 and was receiving a salary of Rs. 450/ - per month.

(2.) ON 18th January 1980 the Magistrate allowed the petition and cancelled the order granting maintenance dated, 2nd February, 1976 with effect from the date of application i.e. 8th August, 1978 Against the above order the wife preferred a revision to the Sessions Judge. The Sessions Judge allowed the petition and held that the order of cancellation can only operate prospectively. The Sessions Judge found that the order of cancellation shall be operative from the date of the order.

(3.) AGAINST the aforesaid order the husband has come in revision.