MUNESH KUMARI Vs. SHEO RAJ SINGH

JUDGEMENT

(1.) This is revision against the judgment and order dated 13-12-1983 passed by the learned VI Additional Sessions Judge, Aligarh in Criminal Revision No. 295 of 1983, thereby upsetting the judgment and order dated 14-4-1983 passed by the learned Special Judicial Magistrate, Aligarh under which a petition under Section 125, Cr. P. C. moved by the wife against her husband was allowed and the wife was granted maintenance to the tune of Rs. 100.00 per month. In revision the learned Additional Sessions Judge reverse the finding and dismissed the petition under Section 125, Cr. P. C. moved by the wife. For setting aside the aforesaid judgment and order, the present revision has been filed.

(2.) None appears for the parties and I have myself gone through the impugned judgment and order passed by the learned Additional Sessions Judge and I find that it is absolutely illegal and improper.

(3.) In case of Mustafa Shamsuddin Shaikh v. Shamshad Begum Mustafa Shaikh, 1991 Criminal Law Journal 1932, in which it has been held as follows :