NIRPAT SINGH Vs. KIRANBAI

JUDGEMENT

(1.) THIS petition u/s 482 CrPC is directed against the order dated 13.1.1998, passed by ASJ, Dindori in Criminal Revision No. 43/97, affirming the order dated 30.9.1996, passed by ACJM, Dindori in MJC No. 41/94, granting maintenance u/s 125 CrPC to the respondent.

(2.) RESPONDENT Kiranbai being legally married wife on 1.9.1994 filed application u/s 125 CrPC before ACJM, Dindori. Petitioner-husband resisted the application. Vide amendment dated 28.9.1996, in reply to the application u/s 125 CrPC it has been asserted that as per caste custom, there had been a divorce between the parties on 14.6.1996 and receiving Rs. 18,000/- in lumpsum, she voluntarily surrendered her rights to maintenance. Vide order dated 30.9.1996, the ACJM allowed the application and directed the petitioner to pay maintenance at the rate of Rs. 400/- p.m. to the respondent-wife. Being aggrieved, he preferred Criminal Revision No. 43/97 before ASJ, Dindori. The Court below also affirming the order passed by ACJM, Dindori, dismissed the revision.

(3.) SECTION 127(3) CrPC lays down :