MANGILAL Vs. GITABAI

JUDGEMENT

(1.) This is an application under S. 482 of the Cr. P.C. 1973 (for short 'the Code') against the revisional order dated 31-3-87 passed by the Second Addl. Sessions Judge Ratlam in Criminal Revision No.3 of 1985 whereby the order passed by the Inquiring Magistrate granting the non-applicant's application under S.125 of the Code and making a monthly allowance in the sum of Rs.75/- against the petitioner has been maintained.

(2.) The contention of the petitioner's learned counsel is that the petitioner has obtained a decree for divorce on the ground of desertion and, therefore, the order for maintenance in favour of the non-applicant could not be passed. In support of this submission he has placed reliance on the Bombay decision in Smt. Shantibai's case, (1985) 2 Crimes 901.

(3.) In the aforesaid decision with reference to sub-sec. (4) of S.125 of the Code and sub-sec. (2) of S.127 of the Code, it was urged that the decree for divorce on the ground of desertion showed that the wife had abandoned the matrimonial home without sufficient cause and without the consent of the husband and against his wishes. If that fact is proved before the court which passed the order of maintenance then the learned Magistrate or the learned Sessions Judge was empowered to set aside the original order of maintenance.