RATNA DAS Vs. DWIJENDRA DAS

JUDGEMENT

(1.) In this application under Sec. 397, the petitioner has assailed the order of the learned Sessions Judge dated 7-7-88 passed in Criminal Revision No. 3(H) of 1988.

(2.) The petitioner herein filed an application under Sec. 125 Crimial P.C. before the learned Chief Judicial Magistrate, Shillong which was registered as case No. C. R. 198(S) of 1988. Petitioner prayed for maintenance for herself as she is the legal married wife of the opp. party and also for her 2 minor daughters. She further prayed by filing a separate application, supported by an affidavit for a direction for interim maintenance pending final disposal of the petition. The learned Chief Judicial Magistrate by order dated 1-3-88 passed in the aforesaid case awarded Rs. 400.00 per month as interim maintenance. The opp. party herein approached the learned Sessions Judge against the said order of the learned Chief Judicial Magistrate and by the impugned order the learned Sessions Judge set aside the order of interim maintenance on the ground that there is no provision under Sec. 125 Crimial P.C. to grant interim maintenance. Hence, the present petition.

(3.) I have heard Mr. Sen, learned counsel for the petitioner. As none appears for the opp. party, I have perused the contention raised before the learned Sessions Judge and after considering these I am of the firm opinion that the impugned order is liable to be set aside.