KANCHANBAI Vs. RAVINDRA KUMAR

JUDGEMENT

(1.) THIS revision is directed by the wife/applicant against the order passed by Judicial Magistrate, First Class, Ratlam in Criminal Case No. 2 of 1996 on 3.7.1999 whereby he dismissed the application on the ground that she may claim the pendente lite maintenance from 20.1.1996 to 20.1.1997 by filing a separate application.

(2.) THE facts of the case, in brief, are that in Criminal Case No. 29 of 1992 by order dated 8.1.1996 the application of the applicant under section 125 of the Code of Criminal Procedure for grant of maintenance was allowed and it was directed that the applicant is entitled for maintenance at the rate of Rs. 300.00 per month from 20.11.1989. Thereafter on 6.1.1997, within a period of one year, the applicant/wife filed an application under section 125(3) of the Code of Criminal Procedure for recovery of the aforesaid amount. It was contended in the application that the amount of Rs. 22,200.00 with effect from 20.11.1989 to 20.1.1996 at the rate of Rs. 300.00 per month became due on the Non -applicant and he be ordered to deposit the same. On this application notices were issued to the Non -applicant/husband and he deposited an amount of Rs. 22,000.00 during 2 years period but has not deposited any amount of maintenance during the pendency of petition whereas a sum of Rs. 12,300/ - had become due with effect from 20.1.1996 to 30.6.1999 but the trial Court has not given any direction for the payment of this amount and dismissed the main application on the ground that the Non -applicant has already deposited Rs. 22,000.00 and for pendente lite amount the applicant may file another application. Being aggrieved by the aforesaid order, the applicant/wife has filed this revision under section 397 read with section 482 of the Code of Criminal Procedure.

(3.) In view of the aforesaid discussion, this revision is allowed. The impugned order passed by the learned Magistrate dated 3.7.1999 is hereby set -aside and the case is remanded with the direction that the learned trial Court shall decide the application which was filed on behalf of the applicant on 3.7.1999 for the recovery of the amount which became due during the pendency of application and shall dispose of the same in accordance with law as early as possible. It is further directed that the learned counsel for the parties shall appear before the trial Court on 25.9.2000 for further hearing in the matter.