D LAKSHMANA RAO Vs. D KAMALA BAI

JUDGEMENT

(1.) The 1st respondent who is the divorced wife of the petitioner, filed MC. No. 3 of 1992 on the file of the of the Additional Judicial Magistrate of I Class, Adoni claiming maintenance at Rs. 500.00 per month. The learned Magistrate granted Rs. 400.00 per month and in Crl.R.P. No. 44 of 1994 on the file of the II Additional Sessions Judge, Kurnool, the amount of Rs. 400.00 has been modified and reduced to Rs. 300.00 per month. The Petitioner filed this petition under Section 482 Cr.P.C. to quash the order in R.C. No. 3 of 1992 on the file of the Additional Judicial Magistrate of I Class, Adoni as modified by the Appellate court in the above revision.

(2.) The counsel for the petitioner contends that the 1st respondent having been divorced by a valid decree of divorce on the ground that she has deserted the petitioner is not entitled under sub-section (4) of Section 125 Cr.P.C. for claiming maintenance and that there is no evidence on record to prove that the petitioner had sufficient means to maintain the wife.

(3.) The counsel for the 1st respondent has raised an objection that the proceedings under Section 482 Cr.P.C. are only initiated since the petitioner was prohibited, by the legal bar under Section 397(2) Cr.P.C. from filing a 2nd revision after he failed before the Sessions Court.