RAJABAI Vs. ARJUN KERU WALEKAR

JUDGEMENT

(1.) The petitioner-wife filed the present criminal revision application challenging the judgment and order recorded by the learned 2nd Additional Sessions Judge, Solapur, on 25th December, 1984 in Criminal Revision Application No. 251 of 1983 allowing respondent No. 1 husbands application under section 127(2) of the Criminal Procedure Code thereby cancelling the order of maintenance passed in her favour by the learned Judicial Magistrate, First Class, Sangola.

(2.) The short facts giving rise to this application are as under : The wife had filed Criminal Misc. Application No. 20 of 1976 in the Court of the learned Judical Magistrate, First Class, Sangola, for maintenance under section 125 of the Criminal Procedure Code. The learned trial Magistrate, allowed her application by judgement and order dated 19th June, 1979 granting her maintenance at the rate of Rs. 35/- per month. The husband filed Criminal Revision Application No. 55 of 1978 which was dismissed by the Session Court. Thereafter the husband filed a petition bearing Hindu Marriage Petition No. 20 of 1979 against the wife for divorce in the Civil Court. The same was dismissed by the learned Civil Judge, (Senior Division) Solapur. The matter was carried by the husband in appeal to the District Court by filing Civil Appeal No. 349 of 1980. His appeal was allowed by the learned 2nd Extra Assistant Judge, who by his judgment and order dated 7th August, 1981 dissolved the marriage between the petitioner and respondent No. 1. Pursuant to the said decree of dissolution of marriage granted in favour of the husband, he filed an application under section 127(2) of the Criminal Procedure Code for cancellation of order of maintenance in the Court of the learned Judicial Magistrate F.C., Sangola, being Criminal Misc. Application No. 37 of 1982. The learned Magistrate dismissed the husbands application. He, therefore, filed Criminal Revision Application No. 251 of 1983 in the Sessions Court at Solapur.

(3.) The learned 2nd Additional Sessions Judge, who heard the said Revision Application, came to the conclusion that there was a decree of divorce granted in favour of the husband by a competent Civil Court and, therefore, it was incumbent upon the learned trial magistrate to have cancelled the maintenance order passed in favour of the wife and by not doing so, he committed legal error. He accordingly allowed the husbands application and set aside the order or maintenance passed in favour of the wife by the learned trial Magistrate, by resorting to the provisions of section 127(2) of the Criminal Procedure Code by his judgment and order dated 25th December, 1984.