VISHRAMJI Vs. KAUSALYABAI

JUDGEMENT

(1.) By this Criminal Revision, the applicant challenges the order passed by Judicial Magistrate, First Class, Achalpur in Criminal Case No. 5/80 dated 15-9-1983, ordering the present applicant to pay the non- applicant/wife a maintenance at the rate of Rs. 2S0/per month under the provisions of Sec. 125 of Criminal Procedure Code.

(2.) The wife-non-applicant, filed application under Sec. 125 Code Criminal Procedure before the trial court in 1980 which was registered as Miscellaneous Criminal Case No. 5/80. It was decided on 29-6-1982 in the first instance and maintenance was ordered to be granted. This original order was challenged by the husband-applicant Vishram before the Sessions Judge vide Criminal Revision No. 114/82. The Revisional Court decided the same 29-7-1983 holding that the wife is entitled to the maintenance, but he set aside the order of the grant of maintenance and remanded the case to the trial court, directing him to consider the facts and circumstances on record and then to order the quantum of maintenance payable.

(3.) After remand, the original case-Miscellaneous Criminal Case No. 5/80 was again heard and decided on 15-9-1983 whereby the Trial Court has granted maintenance of Rs. 250.00 P.M. to the wife non-applicant. It is this order which is challenged by the husband by way of revision.