RAM ADHAR Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been filed against the judgment and order dated 19.5.92 passed by IIIrd Addl. Chief Judicial Magistrate, Kanpur Dehat in Criminal Case No. 53 of 1990 under Section 125 Cr.P.C. granting maintenance allowance to Opp. Party No. 2 at the rate of Rs. 500/- per month and their son at the rate of Rs. 400/- per month from the date of application i.e., 14.3.89.

(2.) The application was filed upon the aliegations that Opp. Party No. 2 is the legally wedded wife of the revisionist. Out of this wedlock a son was born. The revisionist was posted as guard in a bank but subsequently he was enrolled as constable in the police force. He was posted out of district Kanpur Dehat where he entered into second marriage and refused to keep the Opp. Party No. 2 and their son with him. It was also said that the revisionist is getting Rs. 2000/- per month as salary and, therefore, can easily secure Rs. 900/- month for her and their son.

(3.) The contention of the revisionist was that he was no-doubt married with Opp. Party No. 2 but subsequently with common consent they had divorced each other and, therefore, she is not entitled to claim maintenance allowance. The other allegations made by her were also denied.