LAWS(GAU)-1989-8-15

ABDUL SAMOD Vs. SONA BIBI

Decided On August 08, 1989
Abdul Samod Appellant
V/S
SONA BIBI Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 12 -1 -83 passed by the learned Sessions Judge, Cachar, Silchar in Criminal Motion No. 52(3)/80 awarding maintenance to the Opp. Party (wife) by the petitioner (husband) at the rate of Rs. 50/ - per month from the date of filing of the application.

(2.) THE opposite party approached the Court of the learned Additional Chief Judicial Magistrate, Karimganj in C.R. Case No. 19 -M/80 for maintenance Under Section 125 Cr.P.C. which was dismissed by the learned Additional Chief Judicial Magistrate by judgment and order dtd. 29 -7 -80. The opposite party being aggrieved filed Criminal Motion No. 52(3 )/80 in the Court of the learned Sessions Judge, Cachar. The learned Sessions Judge reversed the finding of the learned Additional Chief Judicial Magistrate and awarded maintenance at the rate of Rs. 50/ - per month to the opposite party (wife) Under Section 125 Cr. P.C. The petitioner feeling aggrieved by the judgment and order of the learned Sessions Judge approached this Court in the present revision application.

(3.) I have heard Mr. A.B. Choudhury, learned counsel for the opposite party. The learned counsel for the opposite party submits that this Court may not interfere with the findings of the learned Sessions Judge particularly on the question of maintenance at the rate of Rs. 50/ - per month to a neglected wife by her husband.