SUGHARI BAI Vs. KOLAI SINGH

JUDGEMENT

(1.) THIS Revision Petition under section 397 read with section 401 CrPC has been filed against the order dated 26.12.1991 passed by the learned First Additional Sessions Judge, Shahdol in Revision Petition No. 157/90 quashing the order dated 20.9.1990 passed by the learned Magistrate First Class, Rajendra Gram in Miscelleneous Criminal Case No. 31/81 whereby an application filed under section 125 CrPC by the petitioner/applicant Smt. Sughari Bai has been allowed and she has been granted maintenance allowance of Rs. 300/ - per month.

(2.) THE facts giving rise to this petition are : - Petitioner/applicant is the married wife of the respondent/ non -applicant. The petitioner filed an application under section 125 CrPC for grant of maintenance allowance against the respondent. The learned Magistrate, after due inquiry, allowed the application and directed the respondent to pay Rs. 300/ - per month as maintenance allowance to the petitioner as per order dated 20.9.1990. Being aggrieved by the above order passed by the learned Magistrate, the respondent preferred a Revision before the Court of Sessions. Learned First Additional Sessions Judge, Shahdol by the impugned order dated 26.12.1991 passed in Criminal Revision No. 157/90 quashed the order passed by the learned Magistrate on the sole ground that the petitioner has not proved that she is unable to maintain herself. Being aggrieved by the impugned order, the petitioner preferred the present Revision Petition.

(3.) FOR the reasons stated above, the impugned order passed by the learned First Additional Sessions Judge, Shahdol is not sustainable in law and, therefore, it is quashed. The order dated 20.9.1990 passed by the learned Magistrate is maintained.