DAYA SINGH Vs. BISHAN KAUR

JUDGEMENT

(1.) The learned cousnel for the petitioner has assailed the order dated 28-5-1997 of the Judicial Magistrate First Class, Jagadhari.

(2.) The above order was passed by the learned Magistrate under Section 125 (3) of the Code of Criminal Procedure only in order to execute the order already passed on 14-5-1993 allowing maintenance to the respondent-wife under Section 125, Cr. P.C.

(3.) Learned counsel for the petitioner has challenged the order mainly on the ground that the petitioner-husband had offered to maintain his wife provided she lived with him and allowed him to reside in his house. He has drawn my attention to Annexure P-5, a copy of the affidavit filed with this petition.