GAFOOR AHMAD Vs. AMNABAI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 12 -10 -1982 passed by the Sessions Judge, Shajapur in Criminal Revision No. 114 of 1981, thereby reversing the order passed by the Judicial Magistrate, First Class, Agar in Cr. Case No. 9 of 1981 decided o n 12 -8 -1981.

(2.) THE respondent moved an application under Section 125 Cr. P. C. claiming maintenance against the petitioner. Her case was that she along with her son had been deserted by the petitioner. She was unable to maintain herself and the child. She, therefore, filed maintenance petition before learned Magistrate claiming maintenance @ Rs. 250/ - per month. The respondent in his reply to the application, while admitting marriage, and birth of male issue in 1958, contested the claim for maintenance on the ground that the respondent was not only capable of earning but was infact earning her own lively -hood. The allegation about desertion was also denied. It was further averred that inspite of repeated efforts made by the petitioner, the respondent refused to come and reside with him. It may be noted that the respondent did not enter into the witness box. The trial Court, however, came to the conclusion that the respondent failed to prove her case and dismissed her application for maintenance. On revision, learned Sessions Judge, awarded Rs. 175/ - per month as maintenance allowance to the petitioner as well as to her son.

(3.) SHRI Khan, learned counsel, appearing for the petitioner contended that it was open to the revisional Court to reappraise the evidence and come to a different conclusion. It was also contended that the revisional Court should have not made the order retrospective, in effect with the date of making of the application for maintenance by the respondent.