BAPULAL Vs. PREMBAI

JUDGEMENT

(1.) THIS revision petition by the husband is directed against the order dated 7 -9 -1983 passed by the Judicial Magistrate First Class, Sanwar in proceeding initiated by his wife, the Non -applicant, under section 125 of the Criminal Procedure Code, 1973 (for short 'the Code').

(2.) CIRCUMSTANCES giving rise to the petition are these. The non -applicant filed an application dated 10 -12 -1980 under section 125 of the Code against the present petitioner for an order making a monthly allowance for her and her minor son's maintenance in the sum of Rs 250. In the application it has been stated that about 3 -1/2 years back the petitioner deserted the non - applicant and their son Ramgopal then aged three months and he never came to take her back. It has also been stated that about two years back he had married another woman.

(3.) THE petitioner resisted the application on the ground that the wife has been in the habit of going to her parental home on one excuse or the other and that she refused to return to his home. According to him she is wilfully staying away from his home. It was also stated that she earns her own living.