AKHTARUNNISH Vs. SHARIFKHAN

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 18 -2 -1983 passed by the Additional Sessions Judge, Khargone in Criminal Revision No. 229 of 1983 arising out of the order dated 21 -10 -1982 passed by the Chief Judicial Magistrate, Khargone in proceedings under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Code').

(2.) CIRCUMSTANCES giving rise to this petition are these. The present petitioner is the divorced wife of the non -applicant. Prior to the divorce dated 16 -1 -1981 when the petitioner was living away from the non -applicant a notice dated 10 -10 -80 as served by the latter on her. She did not reply to it for months together. Later the petitioner sent to the non -applicant a notice dated 18 -4 -81 alleging that he has remarried. Actually the non -applicant married thereafter in the summer of 1981.

(3.) THE petitioner on 27 -5 -81 filed an application under Section 125 of the Code for an order making monthly allowance from the non -applicant for the maintenance of herself and minor children. For herself she had claimed monthly allowance @ Rs 200.