MOTI LAL Vs. SAVITIRI

JUDGEMENT

(1.) An application Under Section 482, Cr.P.C. was filed by the applicant on 14.12.1982 with a prayer-of to set aside the order passed by the Court below and to stay the realisation of maintenance allowance. On that day an order was passed to issue notice to the opposite party. Operation of the impugned order was stayed subject to the regular monthly payment of Rs. 100/by the appellant to the opposite party No. 1 by 10th of every month till further order. By a rejoinder affidavit filed on 1.11.1983 it has been stated by the applicant that the son of the applicant expired on 16.1.1982. On behalf of the opposite party No. 1 it has been submitted mat since that day, though no order was passed reducing the monthly allowance, still she is receiving Rs. 50/-, half of the allowance passed by this Court on 14.12.1982.

(2.) During hearing on 4.4.1995 the learned Counsel for the applicant wanted to convert the application Under Section 482, Cr.P.C. to the writ petition on the ground that during pendency of the Misc. Application Hon'ble Supreme Court has decided that the instant Miscellaneous Application is not maintainable since the applicant filed a revision against the order of the learned Magistrate before the Sessions Court and the same was dismissed. Accordingly the prayer was allowed and the applicant was permitted to convert the Miscellaneous Application to Writ Petition.

(3.) Before the Court of Additional Judicial Magistrate an application Under Section 125, Cr.P.C. was filed by the opposite party No. 1 on her behalf and on behalf of her minor son. The learned Magistrate after considering the case of both the sides, allowed the petition and granted maintenance at the rate of Rs. 100/-per month for each of them from the date of the petition i.e., 28.8.1981. The said order was passed on 30.6.1982 in connection with Crime Case No. 87/82. Against that order the petitioner (before me) preferred a revision before the Court of the V Addl. Sessions Judge, Aligarh and after hearing both the sides it was disposed of an 14.10.1982 dismissing the said Revision filed by the petitioner.