K C SAXENA Vs. VIMLESH KUMARI

JUDGEMENT

(1.) THIS revision is directed against the judgment and order passed by the Judicial Magistrate of Agra on 23-11-1983, whereby he has dismissed the objection raised by the applicant K.C. Saxena-husband of Vimlesh Kumari.

(2.) IT appears that proceedings under the old provisions of section 488 CrPC (now section 125 CrPC) for maintenance were started at the instance of Vimlesh Kumari. She was granted an amount of maintenance by the Court below and then she moved an application for realisation of the same.

(3.) THE revision is, therefore, allowed. THE order passed by the learned Magistrate on 23-11-83 is set aside and the case is remanded back to him with a direction that he will decide both the petitions under section 125 (4) and under section 125 (5) of the Code of Criminal Procedure moved by the husband K. C. Saxena on merits after taking evidence of the parties. THE stay order granted shall continue till disposal of these petitions. Revision allowed.