SHIV NARAIN Vs. DASODIYA

JUDGEMENT

(1.) SMT Dasodiya daughter of Basudev Vishwakarma who is non-applicant in the present revision had filed an application for grant of maintenance Under Section 125 Cr. P. C. in the Court of J. M. F. C. , Mauganj, district Rewa, against the present applicant Shiv Narayan but the same was dismissed vide order dated 20 4. 90 on the ground that the applicant had failed to establish the fact that she was legal, marriage wife of Shiv Narayan. Smt. Dasodiya being aggrieved by the order of the Trial Magistrate preferred Criminal Revision No. 51/90 before the IIIrd Additional Sessions Judge. Rewa who vide order dated 9-4-92 allowed the revision holding that Dasodiya was the married wife of Shivnarayan alias Saboo and he awarded maintenance allowance not only to Smt, Dasodiya but also to her daughter at the rate of Rs. 500/- per month from the date of the application and this order is under challenge in the present revision filed on behalf of applicant Shivnarayan.

(2.) THE First ground on which the impugned order passed by the learned Sessions Judge, Rewa is that no opportunity had been given to the applicant at the time of passing of the order because the applicant had never received any summons from the Court and nor he had refused to accept any summons and that, the order had been passed in his absence. In this regard, the submission on behalf of the non-applicant was that notice had been issued by the Revisional Court to the present applicant Shiv Narayan by registered post and that the same had been "refused", and for this reason, the Revisional Court vide order sheet dated 30-10-91 had proceeded ex-parte. It as further submitted that no affidavit had been filed by Shiv Narayan to rebute the fact of service of notice sent to him by registered post to show that he had not refused to accept the service. The revisional Court held the service on the non-applicant Shivnarayan to be good and vaid service and hence, the submission made on behalf of (he present applicant Shivnarayan that the order was passed in his absence and without giving him any opportunity can not be accepted.

(3.) ON behalf of the applicant the submission was that the learned Revision Court had completely fiaild to properly appreciate the evidence adduced before the Trial Court and he had reversed the finding of the Trial Magistrate that Smt. Dasodiya was not the legally married wife of the applicant Shivnarayan on mere conjectures and surmises and the impugned order being perverse deserves to be set aside. It was further submitted that quantum of Maintenance awarded to the present non-applicant Smt. Dasodiya and her minor daughter had been fixed arbitrarily without considering the status of the applicant who is to unemployed person and to support the aforesaid submission reliance was placed on A. I. R. 1960 All. Page 335. (b) (Ram Singh v. State and Anr.); 1962 M. P. L. J. (Vol. 7) Short-Note 60) Taras Prasad v. Jankibai), A. I. R. 1954 (Allahabad page 33 (b) (Sm. Chamali v. Gajraj Bahadur Gupta ). 1973 Cr. L. J. page, 1501 (Jallandar Gorakh Kirtikar v. Smt. Shobha J. Kirtikar and Anr. and 1937 M. P. Weekly Notes Part 2) Short Note (126), Begadhal v. Shankar Singh ).