LILA DEVI Vs. KHEMA NAND

JUDGEMENT

(1.) THIS revision is directed against the order dated 6-1-1986 passed by the Ilnd Additional Sessions Judge allowing the revision against the order dated 22-1-1985 granting maintenance for a sum of Rs. 250/- per month to the applicant and her children in a proceeding under section 125 of the Code of Criminal Procedure (for short the Code).

(2.) THE applicant filed an application under Section 125 of the Code that the opposite party, her husband, has refused to maintain her even though she is his legally wedded wife and has got children and she was now being refused to be maintained and that the opposite party has contracted a marriage with one Smt. Rama Devi or in any case the husband has kept a mistress. As he was refusing to maintain the applicant, hence the application was filed with a prayer to grant maintenance at the rate of Rs. 500/- per month.

(3.) THE learned counsel for the applicant has urged that in view of the Explanation added to Section 125 of the Code the actual marriage of the opposite party (husband) with some other lady was not required to be proved. What was required that even if he was keeping mistress that would be a sufficient ground for the wife to refuse to live with her husband. It was next urged that the trial court has recorded a finding that the opposite party (the husband) was treating the present applicant with cruelty as he used to keep and live with the said mistress Smt. Rama Devi and that he used to go far a walk with her. This finding was not set aside. Hence the impugned order is erroneous.