PRANJAL BORAH Vs. JONMONI BHUYAN BORAH

JUDGEMENT

(1.) Heard Mr. A. Roshid, learned counsel for the petitioner.

(2.) This revision petition is directed against the judgment and order dated 21.12.2010 passed by the learned Sub-Divisional Judicial Magistrate (SDJM), Majuli in Misc. Case No. 28/2009, whereby, the learned Judicial Magistrate granted maintenance of Rs. 700/- per month to the respondent.

(3.) The sole question raised in this revision petition is that the respondent wife was living in adultery and therefore, the learned Judicial Magistrate ought not to have granted maintenance in view of sub-section (4) of Section 125, Cr.P.C., which provides that no wife shall be entitled to receive maintenance if she is living in adultery.