KRISHNAKUMAR Vs. KIRAN

JUDGEMENT

(1.) THIS revision petition by the husband is directed against the revisional order dated 11-9-1989 passed by the 1st Additional Sessions Judge, Barwani in Criminal Revision No. 79 of 1987 whereby setting aside the order dated 21-3-87 passed by the A. C. J. M. Barwani dismissing the non-applicant's application under Section 125 of the Criminal Procedure Code, 1973 (for short 'the Code'), the petitioner has been ordered to pay a monthly allowance in the sum of Rs. 400/for the maintenance of the non-applicant.

(2.) CIRCUMSTANCES giving rise to the revision petition are these. The non-applicant on 10-10-85 filed the application under Section 125 of the Code in the Court of the Addl. Chief Judicial Magistrate, Barwani alleging that the petitioner has been cruel to her and had driven her out of the marital home in April 1985 and has refused to maintain her. The application was opposed.

(3.) AT the conclusion of the evidence, the learned Magistrate dismissed the aforesaid application holding that the non-applicant has failed to prove the cruelty alleged.