RUPABAI Vs. GHANSHYAM

JUDGEMENT

(1.) Petitioner-Roopa Bai resident of Ratanganj, Sagar was awarded maintenance allowance at the rate of Rs. 250/- per month by the J.M.F.C., Sagar vide, order dated 28/9/1987 passed in Misc. Cr. Case No. 27/82 and against this order the present Non-applicant Ghanshyam had preferred a revision being Cr. Revision 88/87 before the Third Additional Sessions Judge, Sagar who vide order dated 6/9/1988 set aside the order passed by the J.M.F.C., Sagar and against the said order passed by the Third Additional Sessions Judge, Sagar, the petitioner Roopabai has come up in revision.

(2.) On behalf of petitioner RoopaBai it has mainly been submitted that the petitioner had proved the act of cruelty on the part of her husband Ghanshyam and the witnesses examined by her had supported her on this point. The learned Judicial Magistrate after considering all the facts and circumstances of the case had ordered payment of Rs. 250/- per month as maintenance allowance to the petitioner; and that the learned additional Sessions Judge, Sagar had committed an error in reversing the order passed by J.M.F.C. Sagar. It was further submitted on behalf of the applicant that the learned Additional Sessions Judge, Sagar had failed to consider that the respondent/nonapplicant even if he has taken the plea of divorce, he will still be liable to pay the maintenance allowance. On the aforesaid grounds, it Was submitted that the order passed by the learned Additional Sessions Judge be set aside and the order passed by the J.M.F.C., Sagar be restored.

(3.) None has appeared on behalf of the respondent/non-applicant on the date of hearing.