SHRI URO RAM HALOI Vs. SMTI. MALOTI HALOI

JUDGEMENT

(1.) Heard the learned Counsel for the Petitioner, Mr. B. Kalita. The Petitioner impugns the judgment and order dated 10.3.86 of the Additional Sessions Judge, Kamrup, Gauhati rejecting his revision petition against the order dated 29 -S.85 passed by the Magistrate, First Class, Gauhati in C.M. No. 24(K -3) of 1985 under Sec. 125 of the Code of Criminal Procedure as not maintainable in view of the provision in the proviso to Sub -section (2) of Sec. 126 Code of Criminal Procedure.

(2.) The Petitioner is a Signaller under the Indian Army in 25 Infantry Divisional Signal Regiment. The first party -opposite party, who is his wife, applied for maintenance for herself and her child. Several notices were issued to the Petitioner. One such notice issued in his home address was returned as' refused to release'. The learned Magistrate after examining the Postal Peon accepted the service of the notice as valid and thereafter allowed the petition for maintenance ex parte on 29.5.85 granting Rs. 300/ - per month to the first party -opposite party and Rs. 100/ - to her son, with effect from the date of filing the application. From that order the Petitioner moved a revision petition before the Additional Sessions Judge, Gauhati who rejected the petition. Hence this petition.

(3.) Mr. B. Kalita, the learned Counsel for the Petitioner, submits that in rejecting the revision petition the learned Judge did not exercise jurisdiction vested in him according to law; inasmuch as over and above the remedy as provided in the proviso to Sub -section (2) of Sec. 126 Code of Criminal Procedure, the Petitioner had the right of revision and he has been denied that right by holding that the revision petition was not maintainable.