MOHANLAL Vs. LAD KUNWAR BAI

JUDGEMENT

(1.) THE applicant/husband has preferred this revision petition under Section 397 of the Criminal Procedure Code feeling aggrieved by the order dated 28. 4. 2006 passed by the 1st Additional Sessions Judge, Ratlam in Criminal Revision No. 191/2005 whereby learned Revisional Court has set aside the impugned order dated 29. 7. 2005 passed by Judicial Magistrate, First Class, Alot, District Ratlam in Miscellaneous Judicial Case No. 39/2000 for rejection of the petition filed by the non-applicant for grant of maintenance under Section 125 of the Criminal Procedure Code and granted the maintenance amount of Rs. 800 per month in favour of the non-applicant along with the cost of Rs. 1,000 against the applicant.

(2.) BRIEF facts of the case are that non-applicant filed a petition under Section 125 of the Criminal Procedure Code for grant of maintenance before Judicial Magistrate, First Class at Alot. Learned trial Magistrate, after due appreciation of the entire evidence produced by both the parties, vide impugned order dated 29. 7. 2005 dismissed the aforesaid petition for grant of maintenance on the ground that the non-applicant/wife is living separately at her own will and, therefore, not entitled to get any maintenance from her husband. Feeling aggrieved by the aforesaid order, non-applicant/wife filed Criminal Revision No. 191/2005 before the 1st Additional Sessions Judge, Ratlam. After hearing both the parties, learned Revisional Court by order dated 28. 4. 2006 allowed the revision petition, set aside the impugned order passed by the trial Magistrate and granted Rs. 800 per month as maintenance amount and also awarded cost of Rs. 1,000 of both the Courts against the present applicant/husband. Feeling aggrieved by the aforesaid order passed by the Revisional Court, the applicant has approached this Court by this revision petition.

(3.) I have heard the learned Counsel for the applicant Mr. S. R. Saraf, Advocate and learned Counsel for the non-applicant Mr. Z. A. Khan, Senior Advocate and perused the record.