KAMLABAI Vs. NARAYAN

JUDGEMENT

(1.) THE petitioner is challenging an order which has been passed by the Addl. Sessions Judge, Shajapur in the matter of Cr. Revision No. 49/90 wherein the learned A. S. J. has set aside the order which was passed by Judicial Magistrate. First Class, Sarangpur in MCC No. 44/84 wherein he granted alimony ofrs. 200/- per month payable from present opponent-Narayan S/o Siddhanath.

(2.) THE petitioner Kamlabai had filed an application for getting alimony from her husband Narayan in view of provisions of Section 125, Cr. P. C. 1973 (hereinafter referred to as Code for convenience) on the ground of neglect and refusal to maintain herself and Ramlatabai, the daughter begotten from Narayan. She had also averred that Narayan has kept a mistress named as Bhagwanti bai treating her as his wife. The learned Judicial Magistrate, First Class, Sarangpur held that Kamlabai was able to prove that having sufficient means, Narayan had neglected and refused to maintain both Kamlabai and Ramlatabai. He had granted alimony in favour of Kamlabai to the tune of Rs. 200/- per month alongwith Rs. 100/- per month for Ramlatabai.

(3.) THE Addl. Sessions Judge, Shajapur while deciding the revision petition mentioned above, set aside the order of alimony which was passed by J. M. F. C. , Sarangpur in favour of Kamlabai. However, he maintained the order of alimony which was passed in favour of Ramlatabai.