LAJJA BAI AND ABHIMANYU Vs. RAM SINGH

JUDGEMENT

(1.) PETITIONERS Lajja Bai and Abhimanyu have filed this revision petition against the order dated 9. 2. 1994, passed by Additional Sessions Judge, Multai in Cr. Revision No. 63/91, whereby the order dated 30. 9. 1991, passed by Judicial Magistrate First Class, Multai in Case No. 233/87, granting maintenance of Rs. 400/- and Rs. 100/- per month to petitioners 1 and 2 respectively, was set aside.

(2.) PETITIONER Lajja Bai, Legally wedded wife of non petitioner Ram Singh, filed an application under Section 125, Cr. P. C. seeking maintenance for herself and her minor son, petitioner No. 2 Abhimanyu, alleging that her husband Ram Singh was subjecting her to cruelty, for pressing his demands for more dowry. The Trial Court, on a close scrutiny of the evidence adduced by the parties, found that petitioners Lajja Bai and her son Abhimanyu were entitled to receive maintenance from the non-petitioners and therefore passed the order granting maintenance of Rs. 400/- and Rs. 100/- per month to petitioner Lajja Bai and Abhimanyu respectively. The maintenance was made payable from the date of the order, which was passed on 30. 9. 1991.

(3.) NON-PETITIONER/husband Ram Singh, being aggrieved of the above grant of maintenance, filed a revision before the Court of Sessions. The Revisional Court held that petitioner/wife Lajja Bai was living separately from her husband, non-petitioner Ram Singh, without any sufficient cause and, therefore, was not entitled to grant of maintainance. On me above finding, the Revisional Court set aside the order of grant of maintenance, passed by the Trial Court.