BABULAL Vs. MUNNIBAI

JUDGEMENT

(1.) This revision petition is directed against the order dated 14 -5 -1984 passed by the Additional Sessions Judge, Rajgarh (Biaora) in Criminal Revision No.1 of 1983 whereby the order dated 14 -5 -82 passed by the Chief Judicial Magistrate Rajgarh in Misc. Criminal Case No. 25 of 1982 allowing the petitioner's application under sec 125 (5) of the Code of Criminal Procedure, 1973 (for short 'the Code') filed for cancellation of the order under sub -section (1) of section 125 on the ground that the non -applicant was living in adultery, has been set aside.

(2.) CIRCUMSTANCES giving rise to this petition are these. The present petitioner Babulal is the husband of the non -applicant Munnibai. On an application under sec. 125 (1) of the Code filed by the non applicant, order against the petitioner for making a monthly allowance of S. 75/ - for her maintenance was passed vide M. Cr. C. No. 19/80 and the said order was confirmed In revision (vide Cr. Rev. 6/81) decided on 164 -81,

(3.) THE non applicant was examined by Dr. Mrs. Simlot (A. W. 3) on 9 -3 -1982. She found that the non -applicant had delivered a child before four weeks. The learned Chief Judicial Magistrate in view of the statement made by the Lady doctor allowed the husband's application, and cancelled the Older passed under section 125 (1) of the Code. The non -applicant preferred by the impugned order the Additional Sessions Judge allowed it and set aside the order passed by the Chief judicial Magistrate.