RAVENDRA KAUR Vs. ACHANT SWARUP

JUDGEMENT

(1.) APPLICANT Rabindra Kaur made an application to the Sub-Divisional Officer Sadar at Muzaffarnagar praying that the maintenance allowance of Rs. 25 per month granted in her favour on the 2nd of March 1955 be increased to Rs. 100 as the circumstances of the respondent had changed during the period. Respondent Achint Swarup filed a written statement before the Magistrate alleging that the Court of the Additional Civil Judge, Muzaffarnagar had granted him a decree for judicial separation from the applicant and, therefore, the maintenance allowance which had been grunted to the applicant earlier was not payable. He also filed a copy of the decree passed by the Court showing that he was allowed judicial separation from the applicant. On these facts the learned Magistrate rejected the application of Rabindra Kaur for enhancing her maintenance allowance and also passed an order cancelling his previous order of the 2nd of March 1955 granting her a maintenance allowance,

(2.) ON revision the learned Sessions Judge was of the opinion that the view of law taken by the Magistrate was incorrect and that it was not legal on his part to have set aside his previous order allowing maintenance to the applicant. He has, therefore, referred the case to this Court for setting aside the order of the Magistrate.

(3.) I have heard learned counsel for the parties.