AMARSINGH Vs. BHAGWATIBAI

JUDGEMENT

(1.) THIS revision is directed against the Order dated 30. 4. 1992 passed by II Additional Sessions Judge, Khargaon in Cr. Revision No. 54/91 reversing the Order dated 5. 12. 1990 of the Chief Judicial Magistrate in Misc. Criminal Case No. 216/88.

(2.) THE respondent is the married wife of the applicant. It appears that for about 15 years preceding the filing of the application Under Section 125, Cr. P. C. , the respondent-wife has been living with her father separately from her husband, the applicant. In the meantime, the applicant has contracted second marriage.

(3.) THE respondent made application before the Magistrate Under Section 125, Cr. P. C. claiming maintenance on the ground that the applicant-husband has without sufficient cause neglected to maintain her and that she is unable to maintain herself. The application was resisted by the applicant on the ground that the respondent on her own and without any sufficient cause had left his house and she was, therefore, not entitled to claim maintenance so belatedly. The learned Magistrate by his order dated 5. 12. 1990 dismissed the application. However, in revision, the learned Additional Sessions Judge by order impugned set aside the order of the Magistrate and directed payment of maintenance @ Rs. 300/- per month.