PRAYAGBAI BASLING KANTHALE Vs. BASLING TUKARAM KANTHALE

JUDGEMENT

(1.) The petitioner is the wife of respondent No. 1. She has approached this Court under Article 227 of the Constitution of India. The proceedings arise out of Section 125 of the Code of Criminal Procedure, 1973, Commenced by the wife for obtaining maintenance from respondent No. 1. The trial Magistrate dismissed her petition holding that she has got sufficient means for her livelihood. This order was passed by the learned Magistrate on 25th November, 1983.

(2.) The wife then moved the revisional court against the said decision and the learned Additional Sessions Judge by his order dated 30th October, 1984 dismissed the revision application and confirmed the order passed by the learned Magistrate holding that the petitioner-wife is able to maintain herself, :she having sufficient source of income to maintain. It is this judgment which is being impeached under Article 227 of the Constitution by the wife.

(3.) It may be mentioned that the Legislature had amended the Code of Criminal; Procedure and vide Section 397 thereof it has been specifically laid down that if a person, whether it is wife or husband, approaches a revisional court, there is no further application entertainable. Kindly see sub-section (3) of Section 397 of the Code, which reads as follows : -