KAMLESH KUSHWAHA Vs. RAMKALI BAI

JUDGEMENT

(1.) HEARD on the question admission.

(2.) THIS Criminal Revision has been preferred under Section 397/401 of the Code of Criminal Procedure being aggrieved by the order dated 19.02.2010 passed by the II Additional Sessions Judge (Fast Track Court), Ganjbasoda in Criminal Revision No. 29/09 whereby order dated 10.12.2008 passed by the Judicial Magistrate First Class, Ganjbasoda, in M.J.C. No. 52/2007 was set aside and it was directed by the revisional court that respondent Ramkali Bai is entitled to get Rs. 700/ - per month towards maintenance from petitioner Kamlesh.

(3.) IN Criminal Revision, it was held by the revisional court that trial court fell in error in considering the decree of restitution of conjugal rights and the theory of separate living of Ramkali Bai while deciding the application under Section 125 of Cr.P.C.