BALBIR SINGH Vs. DHANPATI

JUDGEMENT

(1.) BALBIR Singh has filed this petition under section 482 of the Code of Criminal Procedure (hereinafter called 'the Code') for quashing the order of the Chief Judicial Magistrate Sonepat, dated 11th January, 1983 by which his application under section 127 of the Code was dismissed as also the order of the Additional Sessions Judge, Sonepat, dated January 17, 1984, by which, his revision against the order of the Chief Judicial Magistrate was dismissed.

(2.) THE petitioner was married to the respondent Smt Dhanpati in 1962 The latter applied under section 125 of the Code claiming maintenance allowance from the petitioner which was accepted, and the Court ordered the petitioner to pay Rs. 40/- per month as maintenance to her. This order was passed on December 9, 1974. Subsequently, the petitioner obtained a decree for judicial separation against his wife on April 3, 1979 on the ground of desertion. Later on a decree for divorce was passed in his favour against Dhanpati on November 25, 1980 The petitioner filed an application under section 127 of the Code on December 14, 1981 for cancellation of the order of maintenance dated December 9. 1974, on the plea that his wife Dhanpati had deserted him. This application was dismissed by the Chief Judicial Magistrate, Sonepat, vide the impugned order dated January 11, 1983 The petitioner's revision against this order was dismissed by the Additional Sessions Judge, Sonepat on January 17, 1984.

(3.) IT is contended on behalf of the petitioner that in consequence of the aforesaid decree for judicial separation on the ground of desertion the maintenance order was liable to be cancelled in view of the provisions of Section 125 (5) of the Code, which is in the following terms