LAWS(MPH)-1984-2-19

VANITA MARU Vs. MANAK CHANDRA AND OTHERS

Decided On February 04, 1984
VANITA MARU Appellant
V/S
MANAK CHANDRA AND OTHERS Respondents

JUDGEMENT

(1.) This revision is directed against the Order dated 6-9-79, passed by the Sessions Judge, Vidisha, in course of a revision, setting aside the order dated 23-5-78 passed by the Judicial Magistrate First Class Vidisha, allowing the petitioner, wife's application for grant of maintenance allowance, and remanding the case for providing an opportunity to husband-non-petitioner No. 1 to adduce evidence in rebuttal of the Petitioner's case.

(2.) The facts relevant for the disposal of this petition, are, as follows:-

(3.) The evidence in the case was recorded ex-parte. The petitioner examined herself as A. W. 1 and one Chandoo Lal Shah as A.W. 2 and on the basis of evidence adduced by her, the learned Magistrate passed the ex-parte order dated 23-5-78 granting Rs. 500 per month as maintenance allowance to the petitioner.