BHARAT Vs. SUHANA BAI

JUDGEMENT

(1.) THIS revision is directed against the order dated 6-11-1989 of the Additional Sessions Judge, Dindori, whereby the case between the parties for grant of maintenance under Section 125 of the Code of Criminal Procedure has been remanded to the Judicial Magistrate First Class for retrial. The non-applicant No. 1 is the wife of the applicant and the non-applicant No. 2 to 5 are their minor children.

(2.) A joint application was filed by the wife and the minor children for grant of maintenance in their favour under Section 125 of the Code of Criminal Procedure. The Trial Magistrate by order dated 11-2-85 dismissed the application of the wife as also of the minor children on the ground that no evidence was led by the wife regarding means of the husband and her requirement for maintenance.

(3.) THE wife and the minor children preferred a revision before the Additional Sessions Judge who by the impunged order dated 6-11-1989 came to the conclusion that the parties having not followed the nature of the proceedings failed to adduce clear evidence in the case necessiating a remand for a fresh trial.