KRISHAN KUMAR Vs. GAYATRI DEVI

JUDGEMENT

(1.) GAYATRI Devi along with Kiran Kumar her minor son has filed a petition under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the Code) against Krishan Kumar (the present petitioner) claiming maintenance. A prayer for interim maintenance was made by the aforesaid applicants before the learned trial Magistrate. Vide order dated May 20, 1992, an amount of Rs. 400/- as interim maintenance was fixed for applicant No. 2 Kiran Kumar but it was held by the learned trial Magistrate that no interim maintenance could be granted to a divorced wife. Accordingly, the interim maintenance to Smt. Gayatri Devil was declined.

(2.) TWO separate revision petitions were filed before the learned Additional Sessions Judge, Hisar. One revision petition was filed by Krishan Kumar, the present petitioner challenging the grant of interim maintenance to Kiran Kumar the minor son. A separate revision petition was filed by Gayatri Devi, the divorced wife of Krishan Kumar challenging the order of learned Sub Division Judicial Magistrate, Hansi whereby the prayer of interim maintenance to her has been declined.

(3.) WITH regard to revision petition filed by the petitioner, it was held by the learned Additional Sessions Judge that Gayatri Devi was entitled to maintenance for her subsistence even though she was a divorced wife. In the present revision petition, the petitioner has challenged the order of the learned Additional Sessions Judge, Hisar whereby the claim for interim maintenance made by the divorced wife has been upheld.