LAKHANSI Vs. SHANKARIYA

JUDGEMENT

(1.) APPLICANT Lakhansi has preferred this revision petition against the order dated 5.10.1985, passed by the Judicial Magistrate First Class, Amarwara (District Chhindwara), in Miscellaneous Criminal Case No.5 of 1984, whereby maintenance allowance of Rs. 75/ - per month was granted to the present non -applicant Mst. Shankariya.

(2.) ON behalf of the applicant, it has mainly been submitted that the trial Court has failed to see that the present non -applicant Mst. Shankariya has no reason to live separately from the present applicant and that, in the proceedings under section 125 of Cr.P.C., it has not been established from the evidence on record that the present non -applicant Mst. Shankariya was unable to maintain herself. It was also submitted on behalf of the applicant Lakhansi that the allegation of adultery against Mst. Shankariya had been fully proved and, so also, Mst. Shankariya was not entitled to receive any maintenance allowance. On the aforesaid grounds, the impugned order dated 5.10.1985, passed by the Judicial Magistrate First Class Amarwara (District Chhindwara), in Miscellaneous Criminal Case No.5 of 1984, was sought to be set aside. No one has appeared on behalf of the non -applicant Mst. Shankariya.