SANTOSH KUMAR Vs. DHAPUBAI

JUDGEMENT

(1.) THIS revision petition is directed against the revisional order dated 21.11.1986 passed by the Additional Sessions Judge Dewas in Criminal Revision No. 6 of 1986 whereby setting aside the order dismissing the non -applicant's application under Section 125 of the Code of Criminal Procedure 1973 (for short the code) and making monthly allowance for her maintenance and maintenance of a minor child.

(2.) CIRCUMSTANCES giving rise to the revision petition are these. Non -applicant Dhapubai filed an application under Section 125 of the Code stating that she was married to the petitioner in Natra from at village Bherwakhodi and a daughter has been born to her from the wedlock. For the delivery she had been to her parental home and the petitioner thereafter never bothered to take her back. It also alleged that he had married to one Rajubai.

(3.) THE petitioner resists the application on several grounds. According to the petitioner, the not applicant is not his wife. She has taken some ornaments from him and has indulged in this false application with a view to retain the same.