KESHARBAI Vs. RAJKISHORE

JUDGEMENT

(1.) THIS revision -application is directed against the order dated 8.12.1992 passed by Shri P.C. Jain, II1rd Addl. Sessions Judge, Panna in Criminal Revision, whereby he set aside the order of granting maintenance allowance to the applicants in a proceeding under section 125 of the Code of Criminal Procedure.

(2.) THE applicant No. 1 Mst. Kesharbai wife of the non -applicant moved an application under section 125 of the Code of Criminal Procedure against the applicant before the Judicial Magistrate First Class for grant of maintenance allowance to her and to her son Basantlal applicant No. 2. The stand of the non -applicant was that this marriage was nullity as the non -applicant and applicant No. 1 were minor at the time of their marriage and his second stand was that the applicant No. 2 Basantlal was not born out of his wedlock with the applicant No. 1.

(3.) THE non -applicant preferred revision before the Sessions Judge, Panna. Addl. Sessions Judge before whom the case came up for disposal passed the impugned order setting aside the grant of maintenance allowance to the applicants holding that the marriage of the applicant with the non -applicant was nullity and the applicant No. 2 was not born out of their wedlock.