ANEETA JOSHI Vs. SUBHASH JOSHI

JUDGEMENT

(1.) THIS revision is under section 397 read with section 401, Criminal Procedure Code.

(2.) APPLICANT and non-applicants are wife and husband. By an order dated 15.2.1999 in MJC No. 187/1997 under section 125, Criminal Procedure Code the Judicial Magistrate First Class, Bhopal had passed an order in favour of applicant granting maintenance of Rs. 1,000/- per month to be paid by the non-applicant. Thereafter, the husband moved an application under section 127, Criminal Procedure Code for cancelling the order of maintenance before the Family Court which was registered as MJC No. 1178/2002. The Family Court by its order dated 10.5.2005 ordered that the wife Aneeta has sufficient means to maintain, hence the order of Judicial Magistrate was set at nought.

(3.) ON perusal of the record, it appears that Aneeta had registered herself as an Advocate and had started practice in Bhopal Court since 1998. In 1999 on 15.2.1999 the Judicial Magistrate First Class, Bhopal passed an order of maintenance in her favour. When the husband Subhash moved an application under section 127, Criminal Procedure Code the Family Court held that Aneeta is a practicing Advocate and she must be earning sufficient money to maintain herself, therefore, the order of maintenance passed by the Judicial Magistrate First Class, Bhopal was set aside.