SAU RAJASHRI Vs. YOGENDRA

JUDGEMENT

(1.) This order shall dispose of both the criminal revision application and criminal application as they arise out of the common order passed by the Additional Sessions Judge, Nagpur in Criminal Revision Application No. 2042 of 1987 on 11th Dec., 1987.

(2.) The controversy covers a very narrow compass. The petitioner Rajashree in Criminal Revision Application No. 41 of 1988 filed an application for maintenance against her husband Yogendra before the Judicial Magistrate, first Class, Nagpur under Sec. 125 of the Code of Criminal Procedure, on the ground that she is the wife of Yogendra and that Yogendra neglected and/or refused to maintain her. The trial Court on trial found that Rajashree was the wife of Yogendra and the marital ties still continue. He also recorded a finding that Rajashree was refused or neglected to be maintained. As a result of this finding, he directed the husband to pay the maintenance to the tune of Rs. 200.00 per month to the wife.

(3.) The husband Yogendra challenged this order before the Sessions Judge, Nagpur by way of Criminal Revision Application No. 2041 of 1987. The learned Additional Sessions Judge, Nagpur heard this revision petition and passed an order on 11.12.1987 setting aside the order passed by the Magistrate and remanding the case for further evidence and decision by the trial Magistrate. Both the parties, i.e. the husband as well as the wife, have challenged this very order before this Court in the above-mentioned two criminal revision petitions.