LAWS(MPH)-1992-11-29

ISHWAR Vs. RAMKANYABAI

Decided On November 24, 1992
ISHWAR Appellant
V/S
Ramkanyabai Respondents

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 1.2.92 passed by the learned Sessions Judge Dewas in Criminal Revision No. 37/91, whereby the petitioner's revision against the grant of maintenance to his wife (respondent here) has been dismissed;

(2.) BRIEF story of the case is that the respondent filed an application before the Trial Court that she is unable to maintain herself and the non -applicant (petitioner here) refused to maintain her. It appears that during the pendency of the maintenance application, this petitioner performed a second marriage. This fact was taken into consideration on an application made by the wife -respondent. The revision against the said order was filed by the petitioner, that too has been dismissed as referred above. Hence, this petition Under Section 482 Cr.P.C. There is a bar of Second Revision, and the bar of Second Revision cannot be circumvented by filing a petition Under Section 482 Cr.P.C. So far as the grant of maintenance allowance is concerned, that cannot be objected by way of this petition. Reference may be had to the case reported in 1990 Supreme Court Case P. 132.

(3.) SUBJECT to the above observation, this petition is dismissed, without notice to the other side.