J M DUTTA Vs. STATE

JUDGEMENT

(1.) THIS is a revision against the order of the Munsif Judicial Magistrate, Mahaban at Mathura dated 23-10-1975 directing the applicant J. M. Datta to pay Rs. 200.00per month to opposite party Smt. Neeta Datta by way of maintenance under the provisions of Sections 125 of the Code of Criminal Procedure, 1973.

(2.) THE facts giving rise to the revision are that Smt. Neeta Datta made an application for maintenance under section 125 of the Code of Criminal Procedure on 2-1-1975 against her bus-band J. M. Datta. She alleged that she had been married to opposite party J. M. Datta and had been living with him as his wife since 1971. A child was born to her from the opposite party. She has been deserted by the opposite party and since 1972 she has been living with her mother. The opposite party was earning Rs. 500.00 per month. She therefore claimed Rs. 300.00 by way of maintenance allowance. Since J. M. Datta the opposite party did not put in appearance, the trial court passed an ex-parte order on 23rd October, 1975 granting Rs. 200.00 per month to the applicant.

(3.) IT has been contended on behalf of the applicant J. M. Datta that the order of the trial court was illegal, being against the provisions of section 125 of the Code of Criminal Procedure, 1973 inasmuch as there was neither any allegation in the application of Smt. Neeta Datta nor was there any evidence nor any finding that she was unable to maintain herself. In the circumstances the trial court could not grant her maintenance.