ARUNKUMAR SURAJMAL JAIN Vs. CHANDANBAI RUPCHANDSA JAIN

JUDGEMENT

(1.) THIS Criminal Revision Application filed by the original opponent (husband) is directed against an order passed by the Judicial Magistrate, First Class, Malkapur, allowing the application of the present non-applicant No. 1 (wife) filed under Section 125 Cr. P. C. 1973 (called hereinafter as the Code) and granting her maintenance at the rate of Rs. 500/- per month.

(2.) OPPONENT No. 1 (wife) filed the said application under Section 125 of the Code claiming herself to be the legally wedded wife of the present applicant. She alleged that she was married sometime in the month of April 1971, but within a fortnight thereafter her husband started ill-treating her and she was brought back by her brother to Malkapur. It was alleged that her husband started ill-treating her as an Ambassador car promised by her parents during marriage was not given to her husband. After she was reached back after one year in the month of Aug. 1972, her husband refused to accept her. It was also submitted that her husband had performed a second marriage with one Pushpabai and as such she was entitled to maintenance under the provisions of Section 125 of the Code.

(3.) THE present applicant (husband) denied all these allegations. When the case was fixed for evidence on 30th Jan. 1979 this applicant was not present, but was represented by his pleader Shri Rawat. The application presented by Shri Rawat for adjournment was rejected. Shri Rawat, however, cross-examined all the witnesses examined by non-applicant No. 1. After hearing arguments on 31st Jan. 1979 the learned Magistrate announced the impugned order.