RAGHUVEER Vs. REKHA

JUDGEMENT

(1.) THE petitioner seeks quashment of order dated 26-3-2001, passed by J. M. F. C. , Chhindwara, in M. J. C. No. 35/99, so also the order dated 23-1-2002, passed by 1st Addl. Sessions Judge, Chhindwara, in petitioner's Criminal Revision No. 73/2002, wherein, his challenge to order dated 26-3-2001, passed by J. M. F. C. , Chhindwara, stood negatived. By order dated 26-3-2001, passed in MJ. C. No. 35/99, against this petitioner, J. M. F. C. granted maintenance to Rekha Bai at the rate of Rs. 700/- per month and to Ku. Yash at the rate of Rs. 550/- per month, in their petition, filed under Section 125 of the Cr. PC.

(2.) THE petitioner assails the aforesaid orders on the ground that respondent No. 1 herself had deserted the petitioner and is living separately, without there being any just and proper ground.

(3.) BUT a consideration of order dated 26-3-2001, passed by J. M. F. C, Chhindwara, reveals that on the basis of objective assessment of evidence of both the parties, the learned J. M. F. C. has recorded finding of availability of a proper ground of desertion to respondent No. 1, on account of petitioner's cruel treatment and the other fact of taking a keep.