NATHU RAM Vs. SMT. RASHMANI

JUDGEMENT

(1.) This is a petition in revision against the order of Sri S.P. Verma, Special Magistrate, Varanasi dated 19 -10 -1964 in a case Under Sec. 488 Code of Criminal Procedure which was confirmed by the Additional District Magistrate by his order dated 27 -12 -1964 when a revision petition before him was dismissed.

(2.) The facts of the case appear to be that Shrimati Rashmani, who was the wife of Nathu Ram, the present Petitioner, obtained an order for grant of maintenance to her Under Sec. 488 Code of Criminal Procedure against Nathu Ram. The rate of maintenance was fixed at Rs. 30/ - per month. Nathu Ram filed a revision against the said order of the Magistrate before the Sessions Judge, Varanasi. While the revision petition was pending before the Sessions Judge, Varanasi, parties entered into a compromise. It was followed up by filing a compromise in the court of Sri S.P. Verma Magistrate also with a prayer that the order of maintenance be cancelled. The learned Magistrate, however, passed a short order on 10 -9 -1963 which was in the following terms:

(3.) On 12 -8 -1964, Shrimati Rashmani resiled from the compromise and made an application before the learned Magistrate for recovery of maintenance for the past 11 months. Nathu Ram, the Petitioner filed an objection against the said application raising the plea that the application was not maintainable in view of the compromise having been arrived at between the parties.