NATHURAM Vs. RAMSRI

JUDGEMENT

(1.) THIS is an application in revision by Nathu Ram husband, to challenge the order dated 10-5-1962 of the Sub-Divisional Magistrate, Kas-ganj, whereby he was directed to pay Rs. 25/- per month as maintenance to his wife, Smt. Ram Sri, opposite-party. The material facts, as proved, a finding which cannot be challenged in Revision, are that Nathu Ram remarried another woman during the life-time of Mis wife Smt. Ram Sri, and he also maltreated her whereupon she moved an application under Section 468, Cri. P. C. for the grant o? maintenance allowance. The husband and the wife came to terms and filed a compromise deed, certified copy of which is on the record. There appear to be a few inaccuracies in the copy. The compromise appears to have been that Ram Sri wife would go back to her husband and if she were not treated property she would get Rs. 240/- per annum towards maintenance.

(2.) THE Magistrate passed a final order on 5-11-1959 which runs as below:

(3.) SMT. Ram Sri again left her husband, and on the ground of cruelty and the second wife still living with him, she moved an application for the enforcement of the compromise. However, the Additional District Magistrate directed her to move a fresh application under Section 488, Cri. P. C. She then moved the present application which has been allowed under the impugned order.