STATE OF MADHYA PRADESH Vs. T SOMTI

JUDGEMENT

(1.) THIS is a reference under section 438, Criminal Procedure Code, for setting aside the order of the Magistrate 1st Class, Chhindwara, cancelling the order of maintenance which had earlier been passed under section 488, Criminal Procedure Code.

(2.) IN Miscellaneous Criminal Case No. 21 of 1962, the Magistrate 1st Class, Chhindwara, passed an order on 9 April 1964, under section 488, Criminal Procedure Code, awarding Smt. Somti Rs. 10 per month from the date of the application and Rs. 20 per month from the date of the order, as maintenance. It appears that later on, Shankar (the husband) made an applic- ation for cancellation of that order on the ground that Smt. Somti was leading an adulterous life. But that application was dismissed, as the allegation could not be proved.

(3.) THE three witnesses, Chetram, Kamlibai and Ayodhya belong to the same locality. THEir evidence is to the effect that people visit her indiscriminately ; that she indulges in singing and dancing; and that in that connection she absents herself from the village for many days at a stretch.