(1.) By this revision application preferred by the accused Chakor the applicant seeks to quash the order passed by the trial Court, rejecting the contention of the applicant-accused that the complaint case filed by the respondent-wife against him for the offence of defamation is not tenable.
(2.) The respondent-wife, Prerana, had filed proceedings for grant of maintenance against the applicant-husband under section 125 of the Criminal, Procedure Code. In the said proceedings the applicant-husband filed written statement inter alia alleging adultery on the part of the wife and also pleading that the two daughters born out of the wedlock are not the legitimate children of the wife. In the evidence recorded in the said proceedings, the husband entered the witness-box and in his deposition he reiterated his contention challenging the chastity and the fidelity of his wife and that he is not the father of the two daughters of the wife-Prerana.
(3.) Feeling humiliated and defamed by these allegations, the wife-Perana filed complaint case against her husband for an offence under section 500 of the I. P. C. The said proceedings were registered as Criminal Case No. 6 of 1983, before the J. M.F.C., Akola. On recording her verification statement, the trial Court issued process against the applicant-accused for the offence under section 500 I.P.C.