RAMFOOL MINA Vs. JAGRATI

JUDGEMENT

(1.) The petitioner-husband has filed this petition under Section 482 of the Code of Criminal Procedure (for short "the Code") for quashing the orders passed by learned Additional Sessions Judge, Khach-rod, District Ujjain in Criminal Revisions No. 182 of 1999 on 24-3-2000 confirming the order dated 16-8-1999 passed by Addl. Chief Judicial Magistrate, Khachrod in Misc. Criminal Case No. 55 of 1998.

(2.) The facts of the case in brief, are that the Non-applicant/wife Smt. Jagrati w/o Ramfool Mina filed an application under Section 125 of the Code of 4-9-1991 before the Addl. Chief Judicial Magistrate, Khachrod which was registered as Misc. Criminal Case No. 16 of 1991 (New No. 55 of 1998). In this application she prayed a sum of Rs. 500/- per month as maintenance amount on the ground that her husband Ramfool Mina has contracted second marriage. The trial Court after recording the evidence awarded a sum of Rs. 1,000/towards maintenance from 1-1-1999 by order dated 16-8-1999. Against this order of award of amount of maintenance dated 16-8-1999, the husband/petitioner preferred to revision before the Additional Sessions Judge, Khachrod and the revisional Court maintained the order of trial Court and dismissed the revision.Against these two orders the applicant has preferred this petition under Section 482 of the Code invoking the extra-ordinary inherent jurisdiction of this Court for quashing the aforesaid two orders on the ground that the amended provisions of Section 125 of the Code are not applicable on the pending proceedings and both the Courts below have wrongly awarded a sum of Rs. 1,000/- per month whereas they cannot award more than 500 rupees. Therefore, both the orders are without jurisdiction and be quashed.

(3.) I have heard learned counsel for the parties, perused the record and also the judgment and orders passed by the Courts below.