MAMTA ASHOK VAIDYA Vs. ASHOK MANOHAR VAIDYA

JUDGEMENT

(1.) THIS criminal revision is directed against the judgment and order passed by the 2nd Additional Session Judge, Chandrapur, dated 14-8-1991, in Criminal Revision Application No. 24/91, Ashok Vaidhya v. Mamta Vaidhya, setting aside the order passed by the Judicial Magistrate, First Class, Chandrapur, on 8th February, 1991, on the application Exh. 2 for grant of interim maintenance, and directing the lower Court to decide the said application as per law after giving reasonable opportunity to the non-applicant to file his reply and both the parties to file affidavits in support of their contentions regarding the interim maintenance.

(2.) THE facts giving rise to the present application are as follows : smt. Mamta, the original applicant-wife of the non-applicant Ashok Vidhya, instituted the proceedings under section 125 Cri. P. C. in the Court of Judicial Magistrate, First, Class, Chandrapur for grant of maintenance. She filed the application under section 125 Cri. P. C. on 4-8-1990 along with the application, for interim maintenance. The notice was issued to the original non-applicant Ashok, the husband of Smt. Mamta, vide order dated 4-8-1990. No order was passed to issue show cause notice to the non-applicant husband on the application for grant of interim maintenance. The case was adjourned to 5-9-1990 for return of notice issued to Ashok Vaidhya. As notice was not served on Ashok, the case was adjourned to 6-10-1990 with a direction to issue fresh notice to the non-applicant Ashok, on payment of P. F.

(3.) ON 6-10-1990, the non-applicant Ashok appeared in the Court along with his Advocate Shri Deshkar, who filed Vakalatnama at Exh. 10. Shri Deshkar filed an application Exh. 6 for grant of time to file written statement and accordingly, he was granted time to file written statement till 25-10-1990.