MEHARUNNISHABAI Vs. ABDUL RAZAK MOHAMMAD AYUB

JUDGEMENT

(1.) This petition is directed against the order dated January 13, 1982 passed by the learned Additional Sessions Judge, Nasik, in Criminal Revision Application No. 181 of 1981.

(2.) Petitioner No. 1 had filed in the Court of the Judicial Magistrate, First Class, Malegaon, Criminal Miscellaneous Application No. 30 of 1979 for maintenance for herself and petitioner No. 2 her minor child, under the provisions of section 125 of the Code of Criminal Procedure. The learned trial Magistrate by his order dated May 28, 1981 allowed the said application and directed respondent No. 1 herein to pay to petitioner No. 1 and petitioner No. 2 Rs. 50 /- per month respectively as maintenance with effect from the date of filing of the said application. This order was challenged by respondent No. 1 in revision application before the Sessions Court, Nasik. The learned Additional Sessions Judge, hearing the said revision, allowed the same, set aside the learned trial Magistrates order and rejected the petitioners application for maintenance. Hence this petition under Article 227 of the Constitution.

(3.) Hearing Mr. Rajiv S. Mohite, learned Counsel for the petitioners, Mr. A.A. Omer, learned Counsel for respondent No. 1, and Mr. N.M. Kachare, learned Public Prosecutor for the State, and going through the judgments of the two Courts below, I find myself unable to agree with the reasoning and conclusions of the learned Additional Sessions Judge disentitling the petitioners from any order of maintenance.