NOOR MOHD Vs. JANNAT BAI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 10.7.84 whereby the learned Judicial Magistrate First Class. Rajgarh (Biora) has overruled the petitioner's plea of res -judicata raised in proceedings under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Code').

(2.) CIRCUMSTANCES giving rise to this petition are these. Non -applicant Jannat Bai was married to the petitioner and was divorced in the year 1972. Her earlier application under Section 125 of the Code for grant of maintenance filed in the year 1977 was rejected on the ground that is has not been established by her in her evidence that she was unable to maintain herself.

(3.) IN 1980, the non -applicant has filed another application under Section 125 of the Code for an order for maintenance.