RAVENDRA SINGH Vs. KAPSI BAI

JUDGEMENT

(1.) HUSBAND Ravendra Singh has filed this revision against the order dated 22. 2. 1989 whereby the learned Additional Sessions Judge Umariya, district Shehdol granted maintenance to the non-applicant Wife Smt. Kapsi Bai at the rate of Rs. 200/- per month with effect from 18. 2. 1986.

(2.) THE short facts leading to this revision are that, factum of legal marriage between the parties is not disputed. However, Smt. Kapsi Bai brought as action against her husband Ravendra Singh invoking the provisions of Sec. 125 Criminal Procedure Code alleging that Ravendra Singh is a man of sufficient means, despite that he started neglecting her and refused to maintain her and as such she is forced to lead a destitute life. However, Ravendra Singh denying the allegations made against him emerged with the plea that Smt. Kapsi Bai is not entitled for maintenance in view of her leading adulterous life. Therefore, taking resort to sub-Section (4) of Section 125 Criminal Procedure Code, contended that her application as made and filed deserves to be rejected. Consequently, the learned Trial Judge, by order dated 18. 2. 1986 rejected the same.

(3.) IN revision, the first revisional Court granted maintenance as aforesaid, against which this revision is filed.