HUKUM SINGH Vs. SATYA BHAMA

JUDGEMENT

(1.) THIS revision application is directed against the order dated 1. 10. 1992 passed by the Addl. Sessions Judge, Sakti, District Bilaspur, whereby he passed an order for interim maintenance allowance to the non-applicant, reversing the order of the Judicial Magistrate passed in a proceeding under Section 125 of the Code of Criminal Procedure.

(2.) THE non-applicant/wife of the applicant moved an application under Section 125 of the Code of Criminal Procedure before the Judicial Magistrate, Sakti for grant of maintenance. Pursuant to the notice the applicant appeared and contended that the application under Section 125 of the Code of Criminal Procedure was not maintainable as the non-applicant was living with her son and she was being maintained by her son, who is in possession of 40 acres of land of the applicant. The learned Judicial Magistrate on consideration of the evidence of the parties rejected the application for grant of interim maintenance allowance to the non-applicant. As against that the non-applicant preferred revision before the Sessions Judge, who allowed interim maintenance allowance to the non-applicant reversing the order of the Judicial Magistrate.

(3.) MR. S. L. Kochar, learned Counsel for the applicant has contended that the applicant has been deserted by his wife and son, who have grabbed the entire 40 acres of land of the applicant. An application filed by the applicant against his son for grant of maintenance allowance to him is also pending before the Judicial Magistrate.