KALAVATI Vs. AUSAN

JUDGEMENT

(1.) This is a revision by the wife against the order passed by the learned IVth Additional Sessions Judge allowing the revision of the opposite party and setting aside the order of maintenance passed in her favour by the Judicial Magistrate.

(2.) The relevant facts are that in a petition filed by the applicant for main-1 tenance under Section 125, Cr. P.C. an agreement had taken place between the parties and the court had accordingly passed an order to opposite party to pay Rs. 30 per month as maintenance.

(3.) On 21-10-75 the applicant moved an application for execution for recovery of one year's maintenance. The opposite party filed objection that the compromise on the basis of which order of maintenance was passed was obtained by fraud and the applicant was leading a life of adultery. He also alleged that as they had agreed to live separately by mutual consent she was not entitled to get maintenance.