VIMALABAI Vs. MANOHAR LAL RISHI

JUDGEMENT

(1.) This revision is directed against the order dated 2 1.10.1981 passed by the Additional Sessions Judge, Ratlam, in Criminal Revision No. 35 of 1980 arising out of the order dated 29.4.1980 passed by the Judicial Magistrate First Class, Jaora in Misc. Criminal case 209 of 1977.

(2.) The material facts are as follows:The applicant is the wife of non-applicant. The applicant submitted an application under section 125 of the Code of Criminal Procedure claiming maintenance from the non-applicant on the ground that she was turned out by the nonapplicant who refused and neglected to maintain her. The application was opposed by the non-applicant. The Magistrate held that the non-applicant refused and neglected to maintain the applicant and ordered the non-applicant to pay a sum of Rs. 200 per month as maintenance from the date of the application. The ,non-applicant submitted a revision petition against the order passed by the trial Magistrate. The Revisional Court allowed the revision and set aside the order passed by the trial Magistrate and dismissed the application submitted by the applicant. Aggrieved by the order passed by the revisional court the wife has submitted this Revision.

(3.) Having heard the learned counsel for the parties I. have come to the conclusion that this revision deserves to be allowed.