RAMWATI GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision is directed against order dated 5.10. 1981 recorded by Sri J.V.N. Jaiswal, learned Additional Sessions Judge, Etawah in criminal Rev. No.119 at 19W by which he allowed the revision of opposite party no. 2 Anil Kumar Gupta and reversed the order dated 22.8.1980 recorded by Sri Jitendra Srivastava, Additional Munsif Magistrate 1st Class, Etawah allowing the maintenance application under Section 125 of Code of Criminal Procedure of the revisionist and awarding Rs.150/- per month as maintenance to her from 228.1980.

(2.) Briefly stated the facts are that the revisionist filed an application under Section 125 of Code of Criminal Procedure in the court of Judicial Magistrate concerned on 12.8 h78 alleging that she was married with Anil Kumar in accordance with Hindu rites on 25, 1974; her earlier husband Munda Lal step brother of Anil Kumar, was married to her in 1963 but he expired in 1971 leaving a daughter of that wedlock.

(3.) After her remarriage they lived as husband and wife for about five years. A son was born to them Subsequently, Anil Kumar developed bad habits and started drinking and she was given a beating -also at the instigation of Smt. Chandra Sheela Gupta, mother of Anil Kumar who was already dis-staffed with the applicant-revisionist on account of insufficient dowry.