LOONCHAND Vs. HEMKANTA

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 3 -12 -1985 passed by the Judicial Magistrate, First Class. Thandla, District Jhabua in proceedings under Section 125 Cr.P.C., 1973 (for short, the Code').

(2.) IT is not in dispute that the petitioner is the husband of the non - applicant and that there is an order dated 1 -3 -1981 under Section 125 of the Code in favour of the latter and against the former making a monthly allowance of Rs. 150/ - and that the petitioner has not paid the monthly allowance for the period commencing from 1 -1 -1982.

(3.) ON 18 -1 -1982, the non -applicant filed an application for recovery of arrears from 1 -3 -1981 up to the period ending 31 -12 -1981 and also for an order to the petitioner for regular payment of monthly allowance from 1 -1 -1982 through the Court and it was prayed that in default of payment he be sent to jail.