ALIMUN NISA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS revision under section 97/401 Criminal Procedure Code 1973 (for short the Code) is directed against the judgement and order dated 8 -6 -1984 passed by the 1st Additional District and Sessions Judge varanasi , allowing the revision filed by Saudagar Ali, the husband, against the present Applicant, the wife and setting aside the order dated 30 -1 -1984 passed by the Magistrate, who allowed the application of present applicant, and granted her maintenance at the rate of Rs. 200/ - per month and Rs. 200/ - to her children , in a proceeding under section 125 of the CDode initiated by the present applicant, the wife, claiming maintenance for herself and her minor children.

(2.) THE present applicant filed the application under section 125 claiming maintenance for herself and half years back , who was maintaining her and was in an aflluent position being the Propritor of a tailoring shop and has got so many servents and earns Rs. 200/ - per day . but refused to maintain her and treated her with cruenlty, and after being drunk treatened her leave the house with her children otherwise she would be killed. On 22 -4 -82 she was severely beaten by him, and she got her injuries medically examined. The allegations in the application were denied by the opposite party no. 2.

(3.) LEARNED Magistrate allowed the application for maintenance filed by the present applicant and awarded a sum of Rs. 200/ - per month for herself and Rs. 200/ - per month for her children, as maintenance from the opposite party no. 2, Saudagar Ali, the husband by it 's order dated 30 -1 -84. Against that order a revision was filed by the husband before the Sessions Judge which has been allowed and that order passed in revision has been challenged before this Court by present applicant.