VARCHAND Vs. GUDDIBAI

JUDGEMENT

(1.) THE unsuccessful applicant/husband has directed this petition under Section 482, Criminal Procedure Code against the order dated 1. 1. 1998 rendered by the II ASJ Ratlam in Criminal Revision No. 116/97 thereby learned ASJ with some modification affirmed the order dated 10th September, 1997 passed by JMFC Alot in Misc. Cri. Case No. 52/96 granting maintenance @ 400/-per month in favour of Guddibai, wife of the present applicant.

(2.) BRIEFLY stated that facts of the case are that the applicant and non-applicant are husband and wife. The non-applicant filed the petition in the Court of JMFC Alot against the appellant for grant of maintenance under Section 125, Criminal Procedure Code on the ground that the applicant after marriage ill-treated the non-applicant and deserted her. As such she is living separately from her husband alongwith her parents. It is also stated in the petition that after deserting the non-applicant, the applicant contracted second marriage with one Sangita, daughter of Laxman of village Bardia Goyal and as the non-applicant has not possessed sufficient means to maintain herself, she prayed for grant of maintenance under Section 125, Criminal Procedure Code.

(3.) THE application filed by the non-applicant was opposed by the applicant denying the averments made by the non-applicant in her petition. Learned Magistrate on evaluating the evidence led by the parties has held that the applicant ill-treated the non-applicant Guddibai and deserted her without any reasonable cause and, thereafter, contracted second marriage with said Sangita and on this finding, granted maintenance @ Rs. 400/- per month from the date of the application in favour of the non-applicant. Aggrieved by the order of the trial Magistrate, the present applicant filed revision petition in the Court of II ASJ Ratlam. The order of the Magistrate was affirmed in revision with the modification in the order of the trial Magistrate that the maintenance was made payable from the date of the order. Aggrieved by the said order of ASJ the applicant has preferred this petition under Section 482 of the Code of Criminal Procedure.