KHEM CHAND KATARIA Vs. SHAKUNTALA DEVI AND OTHERS

JUDGEMENT

(1.) Khem Chand Kataria, the petitioner, was married to the respondent, Shakuntala Devi, on May 10, 1968. He obtained a decree for divorce under Sec. 13 of the Hindu Marriage Act on the ground of cruelty on Jan. 24, 1977. The appeal filed against the said order was dismissed as withdrawn on Jan. 3, 1978.

(2.) On Aug. 23, 1976 the wife filed a petition under Sec. 125 of the Code of Criminal Procedure seeking maintenance. The said application was, however, withdrawn on Feb. 5, 1977. She filed another petition on Jan. 2, 1918 seeking maintenance under Sec. 125 of he Code of Criminal Procedure. The learned Metropolitan Magistrate, Delhi, vide order dated March 31, 1980 directed the petitioner to pay a monthly allowance of Rs. 75.00 to the petitioner from the date of the filing of the petition. The petitioner was directed to deposit Rs. 2001- per month till the time he cleared all the arrears. The revision petition filed under Sec. 397 of the Code of Criminal Procedure against the said order was dismissed by the learned Additional Sessions judge on Oct. 4, 1980.

(3.) Now the petitioner has filed this petition under Art. 227 of the Constitution and Sec. 462 of the Code of Criminal Procedure for quashing the said order.